HomeMy WebLinkAboutC-8125-3 - Independent Contractor Agreement Recreation InstructorINDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement') is made and entered into
as of this 1st day of June, 2019 ("Effective Date") by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Beach City Life,
Inc., a California corporation doing business as ("DBA") Beach City Sports ("Contractor"),
to provide the Programs or programs in Adult Sports ("Program" or 'Program") hereby
agreed upon, as scheduled and described in the Newport Navigator and/or OASIS News,
which is incorporated herein by reference, and as approved in writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2022, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 In accordance with the Scope of Services attached as Exhibit C
incorporated herein by reference, Contractor shall collect all resident and non-resident
registration fees, when applicable, for the program that operates four (4) seasons per
year. Contractor shall be responsible for all costs associated with the administration of
the Program as further described in the Scope of Services attached hereto as Exhibit C.
2.2 Contractor shall set the Program session start dates in collaboration with
the City. Contractor shall submit to the City a roster of participants no later than four (4)
weeks after the commencement of each Program season. For league play on sand fields
and courts, Contractor shall remit twenty-five percent (25%) of the collected registration
fees to City, less the materials fee, no later than four (4) weeks after the start of each
Program season. For league play on athletic fields with lights, Contractor shall remit thirty
percent (30%) of the collected registration fees to City, minus the materials fee and non-
resident fee, and Ten Dollars and 00/100 ($10.00) per non-resident enrolled, no later than
four (4) weeks after the start of each Program season.
2.3 Contractor may charge an additional materials fee for league registration of
up to Twenty -Five Dollars and 00/100 ($25.00) for jerseys, awards and website
administrative related expenses only. Any materials fee must be approved in advance by
City and must be collected by Contractor at time of registration.
3. DUTIES OF CITY
3.1 Publicity. City shall provide publicity for the Program 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 Program and
Contractor. Publicity may also include flyers created by City or Contractor. Contractor -
created marketing materials must be approved in writing by City before distribution.
3.2 Program Facility. City shall provide a location for the Program without
charging Contractor any rental fees, unless otherwise agreed in writing by the parties.
Contractor will request dates and times for the Programs 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 Programs authorized by the City under
this Agreement.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively "Representative" or "Representatives") who will
be administering the Program or assisting in administering the Program are qualified to
do so, and qualified to perform the services described above and in the Program outline
submitted to City. Contractor is responsible for all Program curriculum development.
Contractor is responsible for training, supervising, evaluating, scheduling, and any other
requirements by law for all Representatives. Contractor warrants that it will continuously
furnish the necessary personnel to provide the Program(s) as contemplated by this
Agreement. Contractor and any Representative(s) shall perform the duties in accordance
with the Scope of Services attached hereto as Exhibit A.
4.2 Representatives. Contractor shall provide City with the name(s),
address(es) and phone number(s) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives must comply with the
Fingerprint and Criminal Background Check policy in Section 9. All Representatives must
be able to provide proof of legal right to work in the United States.
4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval Form ("Form"). Each
Representative is required to obtain the written approval of the Recreation & Senior
Services Director prior to performing any services under this Agreement. Prior to
Contractor using any Representative to provide any services pursuant to this Agreement,
Contractor shall submit to City a completed Form for each Representative that Contractor
desires to use to provide services pursuant to this Agreement. Contractor, at the sole
discretion of City, shall remove from the Program any Representative assigned to the
performance of services pursuant to this Agreement upon written request of City.
4.2.2 Please initial the statement that applies:
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 Representat4ve.
Beach City Life, Inc. �j Page 2
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
Program, 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 Program Size. Contractor in collaboration with the City shall determine the
minimum and maximum number of participants required for each Program to ensure the
quality and safety of the Program participants. Contractor or Representative is required
to attend the first Program meeting of all Program offerings advertised in the Newport
Navigator and/or OASIS News unless Contractor cancels the Program at least three (3)
City business days prior to the first Program date, with the prior written approval of City.
In the event of such approved cancellation, Contractor shall be responsible for informing
all registered participants and refunding all registration fees to all registered participants.
In the event that the minimum number of participants is not met by the first Program
meeting, the Program shall be canceled and Contractor shall not be compensated for
attending the first meeting or for any canceled Program. Contractor shall not be obligated
to provide any additional services in regards to the canceled Program. If the minimum
number of participants is met or exceeded, the Program shall be held as scheduled (even
if any of the initial participants subsequently drop the Program), subject to Section 15 of
this Agreement. If the demand is such that an additional Program could be offered, it
shall be taken under consideration and negotiated between City and Contractor. If
Program(s) are canceled for two (2) consecutive quarters due to lack of enrollment, the
Program will not be scheduled again until City determines that public demand has
increased.
4.7 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the Program. In the event of illness, Contractor is required
to notify City and participants at least twelve (12) hours prior to any Program cancellation.
4.7.1 City urges Contractor to get a substitute Representative whenever
possible instead of canceling Programs. 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
Beach City Life, Inc. Page 3
teaching any Programs or Programs and must have an authorized Representative
Approval Form on file with City.
4.8 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.
4.9 Contractor Meeting with Recreation & Senior Services. Contractor shall
attend meetings with the Recreation Sports Supervisor or his or her designee when
requested and maintain an open and regular dialogue with the City and the Recreation
Sports Supervisor or his or her designee regarding Program matters.
4.10 Registration Contractor shall provide an online player registration system
and related software to all participants for City to collect enrollment fees "Software
Registration System".
4.10.1 Software Registration System: Contractor is responsible for
providing a point of contact with the software registration company to City for City's use
to verify the accuracy of the program rosters submitted by the Contractor.
4.10.2 Program Rosters: shall include participants full name, gender,
address including city and zip code, team they are registered for, and sport they are
participating in.
4.11 Other Requirements. Contractors shall:
4.11.1 Cooperate fully with all reasonable requests from City staff;
4.11.2 Maintain the highest degree of participant safety possible;
4.11.3 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
Program participation, damages to the Program facility that could cause potential injury
to a Program participant, and/or other needed maintenance repairs;
4.11.4 Clear all participants from the designated Program area at the end
of Program 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;
4.11.5 Ensure that any music or sound system is kept at levels that will
not interfere with other Programs or create a public disturbance/nuisance;
4.11.6 Complete and return via email, by the date set forth by City's
Project Administrator, the quarterly "Contract Program Schedule" if Contractor wishes to
be a part of City's marketing materials;
4.11.7 Know facility rules and regulations and provide pertinent
information (e.g., refund policy) to participants;
Beach City Life, Inc. Page 4
4.11.8 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.11.9 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.
4.12 Contractor Photo ID Badge. Contractor and Representatives are required
to wear a City -provided Contractor Photo ID Badge at all times while engaging in services
for City. Contractor shall be required to pay five dollars ($5.00) for any lost or replacement
Contractor Photo ID Badge. Contractor Photo ID Badges are distributed upon execution
or renewal of the Agreement with City.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. Recreation & Senior Services Director, or designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
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 -Program mail, addressed as hereinafter provided.
6.1 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn.: Laura Detweiler
Recreation & Senior Services Director
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn.: Wiesam Jriesat
1706 Lake Street
Huntington Beach, CA 92646
949-502-1413
sammyj@beachcitysports.com
Beach City Life, Inc. Page 5
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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 Programs. City shall provide Contractor with
IRS Form 1099-MISC or other applicable IRS forms at the end of the calendar year for all
fees paid to Contractor.
8. INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement
of Programs, 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
Program. 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 Programs involving participants age seventeen (17) years or
younger ("minors") must be taught in an open atmosphere where parents and guardians
are able to observe Program instruction, if so desired. At no time may the parent or
guardian of a minor be denied access to a Program.
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 Program 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 maybe released. If no contact
can be made with any of the above individuals, Contractor shall contact the City
Beach City Life, Inc. Page 6
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 Program 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 Program rosters, Program participant addresses
and contact information shall be used by Contractor solely for administration of Programs
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 Program site or participants, in any publicity pertaining to Contractor's services or
Program 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.
iClom1iL1OL:lul�IIJley-IX A -k
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 Program 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
Beach City Life, Inc. Page 7
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 Programs 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
Beach City Life, Inc. Page 8
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]
Beach City Life, Inc. Page 9
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: l of a
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5. 16 - 19
By: I,I'.� A By:
W; Aaron C. Harp ra Detweil r
City Attorney R creation & S for Services Director
ATTEST: C-ONTRACTOR: Beach City Life, Inc.,
a California corporation doing
business as ("DBA") Beach City Sports
Date: Date:T' 1 CA
By: /� - By: -
Leila I. Br n Wiesam Jriesat
City Clerk Chief Executive Officer
Attachments
Date:
�7
By: 6
Brooke rtoy�rG�saL
Secretary
[END OF SIGNATURES]
Exhibit A — Representative Approval Form
Exhibit B — Insurance Information
Beach City Life, Inc. Page 10
EXHIBIT A
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
--------------------------
CITY USE ONLY
CONTRACT #:
FINGERPRINTS:
O YES
NO
BACKGROUND:
O YES
O NO
CLEARED
CLEARED TO O YES O NO
WORK
PHOTO TAKEN: O YES O NO
CONTRACTOR O YES NO
NOTIFIED BY EMAIL
Beach City Life, Inc. A-1
EXHIBIT B
INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR
RECREATION AND SENIOR SERVICES
A. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Program 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.
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 Program or Program.
b) In the event Contractor has no employees requiring the Contractor to
provide Workers' Compensation insurance, Contractor shall so certify to
City in writing prior to City's execution of this Agreement.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000) per occurrence, preferred with a two million dollar
($2,000,000) in the aggregate. The policy shall cover liability arising from
premises, operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
a business contract) with no endorsement or modification limiting the scope
of coverage for liability assumed under a contract.
Beach City Life, Inc. 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 the Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected and appointed officers, employees, agents, volunteers,
representatives, the City Council, boards and commissions, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Program 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
Beach City Life, Inc. B-2
Council, boards and commissions, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Program 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.
Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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
Beach City Life, Inc. B-3
other coverage, or a waiver of any type. If the contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
5. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Beach City Life, Inc. B-4
EXHIBIT C
SCOPE OF SERVICES
1. PROGRAM STRUCTURE:
1.1 Contractor shall operate up to four (4) seasons of adult league play per
year. Commencement dates are as follows:
1.1.1 Summer: June -August
1.1.2 Fall: September- November
1.1.3 Winter: December- February
1.1.4 Spring: March -May
1.2 Contractor shall facilitate league play that allows each team to play at least
seven (7) games, not including playoff games.
1.3 Contractor shall set up and clean up within the following blocks of time:
1.3.1 Weekday Programs taking place on athletic fields shall set up
during allocated space and clean up between 10 and 10:30pm
1.3.2 Weekend Programs taking place on the beach shall set up and
clean up between the following blocks of time:
time:
Fall, Winter, and Spring seasons:
Summer Season
Set Up Clean Up
Weekday 4-4:30 p.m. 8 p.m.- Dusk
1.4 Adult league games shall start within the range of the following blocks of
1.4.1 Weekday Programs on athletic fields - 6:15 p.m. to 10 p.m.
1.4.2 Weekend Programs on the beach — 9:00 a.m. to 4:00 p.m.
Beach City Life, Inc. Page C-1
Set Up
Clean Up
Weekend
7:30 a.m.-9 a.m.
4-5 p.m.
Summer Season
Set Up Clean Up
Weekday 4-4:30 p.m. 8 p.m.- Dusk
1.4 Adult league games shall start within the range of the following blocks of
1.4.1 Weekday Programs on athletic fields - 6:15 p.m. to 10 p.m.
1.4.2 Weekend Programs on the beach — 9:00 a.m. to 4:00 p.m.
Beach City Life, Inc. Page C-1
1.4.3 Weekday Programs on the beach during the summer- 5:00 p.m.
to 8:00 P.M.
1.5 Adult League Play on Sand Fields and Courts
1.5.1 City shall allocate location on the beach immediately west of the
Balboa Pier, between Adams St and Medina Way.
1.5.2 Contractor shall not restrict public access to the beach at anytime.
1.5.3 League play is not permitted to operate on weekends during the
Summer (Memorial Day -Labor Day).
1.5.4 Days of play must be approved by Recreation Supervisor
1.6 Adult League Play on Athletic Fields with Lights
1.6.1 City shall allocate field space on the synthetic turf fields year round
1.6.2 City shall allocate field space for leagues that take place on natural
grass fields when not closed for maintenance.
1.6.3 City may approve and assign additional field space as needed.
1.6.4 Contractor shall monitor use and administer rules to all program
participants and spectators in the Recreation & Senior Service's Youth Sports
Commission: Member Requirements & Field Allocation & Use Policy related to:
(a) Field Maintenance and Modifications
(b) Athletic Field Lining and Marking
(c) Rules and Regulations of Field Use
(d) Synthetic Turf Rules and Regulations
(e) Traffic and Parking
(f) Public Address System Use
(g) Storage and/or Concessions
1.6.5 Contractor shall not restrict public access to the park at any time.
1.6.6 League play is permitted on weekdays only.
1.6.7 All league related activities, including clean-up, must conclude by
10p.m.
1.6.8 Recreation Supervisor, or designated staff, shall schedule lights
based on the schedule submitted by the Contractor
Beach City Life, Inc. Page C-2
2. CONTRACTOR RESPONSIBILITIES 1 PROVISIONS
2.1 Contractor shall promote, organize and operate the City of Newport Beach
Recreation & Senior Services Department's adult league play for the following sports:
• Flag Football on sand and athletic fields with lights
• Kickball on athletic fields with lights
• Volleyball on sand courts only
• Other sports may be proposed and are subject to approval by City.
2.2 Contractor, designated representatives and staff shall cooperate fully with
the City's staff, including meeting with the Recreation Supervisor or designated staff,
when requested, and maintaining an open and regular dialogue with the City and the
Recreation Supervisor or designated staff, regarding Program matters.
2.3 Contractor shall promote the Program and provide additional marketing
materials and distribution efforts including but not limited to flyers, banners, email
marketing and distribution management systems.
2.4 Contractor, at their own expense, shall provide online player registration
software and access to enrollment, team rosters, and schedules to Recreation Supervisor
or designated staff. Contractor registration form must include liability waiver language
designated by the City of Newport Beach
2.5 Contractor shall provide service to all teams including telephone customer
service to handle questions and disputes involving all aspects of Program business.
2.6 Contractor shall organize and schedule all registered individuals and teams,
track statistics, propose a playoff schedule, provide game schedules via Contractor's
website that shall be made readily available to all registered teams. Contractor shall also
provide each participant with a t -shirt when materials fee is applied to the registration fee.
2.7 Contractor shall submit the game schedule for all league play to Recreation
Supervisor or designated staff, at least one (1) week prior to the start of each season.
Contractor is responsible for submitting any schedule revisions within twenty-four (24)
hours of changes.
2.8 Contractor shall assign all officials, statisticians and scorekeepers ("Staff')
to all games. Staff shall be required to be adequately trained and knowledgeable
regarding the rules and play of each sport they are assigned to officiate.
2.9 Contractor shall ensure that Staff arrive at designated playing area at least
ten (10) minutes prior to the scheduled game start time.
2.10 Contractor shall be responsible for all field preparation and cleanup related
to game play. Field layouts must be approved in advance by Recreation Supervisor or
designated staff.
Beach City Life, Inc. Page C-3
2.11 Contractor shall be responsible for communicating all game related
cancellations to Staff and program participants including but not limited to forfeits,
maintenance and weather related field closures and inadequate staffing.
2.12 Contractor shall notify Recreation Supervisor or designated staff, of any
problems regarding the assignment of game schedules, and notify Officials no later than
twenty-four (24) hours prior to any scheduled game.
2.13 Contractor shall notify Recreation Supervisor or designated staff, of any on-
site incidents, including but not limited to game -related injuries, disputes, and ejections,
in writing pursuant the following schedule:
Summer Season
Fall, Winter & Spring Seasons
Due via email by the end of the
day on Saturday
Due by the end of the day on
Thursday
2.14 Contractor may be reimbursed up to two (2) annual blue pole parking
passes for program related activities occurring at the Balboa Pier Lot. Contractor is
responsible for submitting an invoice with appropriate receipts and supporting
documentation.
2.14.1 Alternatively, Contractor may purchase hourly or daily parking
passes for the Balboa Pier Lot and submit an invoice with appropriate receipts and
supporting documentation on a monthly basis. If this alternative is utilized, City shall
reimburse the equivalent to two (2) annual blue pole parking passes based on the cost
published on January 1 of each year.
Beach City Life, Inc. Page C-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: 12/13/18 Dept./Contact Received From: Teri
Date Completed: 1/9/19 Sent to: Teri By: Jan
Company/Person required to have certificate: Beach City Sports
Type of contract:
All Others
I. GENERAL LIABILITY
N N/A
EFFECTIVE/EXPIRATION DATE: 12/13/18 - 12/13/19
❑ No
A.
INSURANCE COMPANY: Arch Insurance Company
❑ Yes
B.
AM BEST RATING (A-: VII or greater): A+/XV
❑ N/A
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$INV$5M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N 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?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N 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 N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: Teri has auto on file 1/2/18
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
N/A
❑ Yes ❑ No
Haulers only):
N N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
N No
H. NOTICE OF CANCELLATION:
❑ N/A
N Yes
[]No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: Teri has WC on file 1/2/18
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
H N/A ❑ Yes ❑ No
❑ N/A H Yes ❑ No
H N/A ❑ Yes ❑ No
H N/A ❑ Yes ❑ No
H N/A ❑ Yes ❑ No
H Yes ❑ No
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date