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HomeMy WebLinkAboutC-8676-1 - Independent Contractor Agreement recreation InstructorINDEPENDENT CONTRACTOR AGREEMENT RECREATION INSTRUCTOR This Independent Contractor Agreement ("Agreement') is made and entered into as of this 11th day of February, 2021 ("Effective Date") by and between the City of Newport Beach, a California municipal corporation and charter city ("City"), and Coast Community College District, a public educational agency ("Contractor"), to provide the classes or programs in Sailing ("Class" or "Program") hereby agreed upon, as scheduled and described in the Newport Navigatorandlor 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 March 31, 2025, unless terminated earlier as provided herein. 2. COMPENSATION 2.1 Contractor shall remit payment to City within twenty-one (21) City business days after the last Class meeting at the address for City set forth in Section 6.1. 2.2 Contractor shall remit payment to City an amount equal to: 2.2.1 Twenty Five percent (25%) of the amount of the total enrollment fees collected for each Class. 2.2.2 Twenty percent (20%) of the amount of the total enrollment fees collected when providing private instruction. 2.2.3 Twenty Five percent (25%) of the amount of the total enrollment fees collected for each Class at the After Class Enrichment (ACE) programs. Materials fees are not permitted for ACE programs and must be incorporated in price provided to City. 3. DUTIES OF CITY 3.1 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. 3.2 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. 3.3 Refund Processing. Refunds are at the discretion of the City. City shall be responsible for bearing the costs of all refunds. 4. CONTRACTOR DUTIES 4.1 Contractor shall register all participants and shall collect all enrollment fees. City shall not accept enrollment fees directly from a participant unless Contractor approves, in advance and in writing, the acceptance of enrollment fees by City. 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. 4.2 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. 4.3 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. 4.3.1 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. 4.3.2 Contractor 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. Coast Community College District Page 2 4.4 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. 4.5 Supplies/Equipment. Contractor shall be responsible for providing all teaching supplies, personnel, materials and any additional publicity desired for the Class at Contractor's sole expense. City shall provide all equipment, such as the fleet of boats to operate programming, and shall be responsible for the repair and maintenance of same. Contractor shall obtain advance written approval from City if it desires to provide additional equipment for the Class. 4.6 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. 4.7 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 (1) business days prior to the first Class date and notifies City in advance. In the event of such notification, Contractor shall be responsible for informing all registered participants. Contractor shall not be obligated to provide any additional services in regards to the canceled Class. If the minimum number of participants is met or exceeded, the Class shall be held as scheduled (even if any of the initial participants subsequently drop the Class), subject to Section 15 of this Agreement. If the demand is such that an additional Class could be offered, it shall be taken under consideration and negotiated between City and Contractor. If Class(es) are canceled for two (2) consecutive quarters due to lack of enrollment, the Class will not be scheduled again until City determines that public demand has increased. 4.8 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: 4.8.1 Notify City at least twenty-four (24) hours in advance, 4.8.2 Provide sufficient parking for all participants; Coast Community College District Page 3 and 4.8.3 Post signs at the site to direct participants to the location of Class; 4.8.4 Allow access to City staff to the location when requested. 4.9 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. 4.9.1 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. 4.10 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. 4.11 Contractor Informational Meeting. Contractor or Contractor's authorized Representative or employee shall attend an annual "Contractor Informational Meeting." 4.12 City Participant Form Requirements. Contractor shall provide participants with City approved waiver, on or before first date of participation in a Class or Camp. 4.13 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. 4.14 Other Requirements. Contractors shall: 4.14.1 Cooperate fully with all reasonable requests from City staff; 4.14.2 Maintain the highest degree of participant safety possible; 4.14.3 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; 4.14.4 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; Coast Community College District Page 4 4.14.5 Ensure that any music or sound system is kept at levels that will not interfere with other classes or create a public disturbance/nuisance; 4.14.6 Close and secure the room or building at the end of each Class; 4.14.7 Turn off any lights, heat, air conditioning, or other utilities the end of each Class; 4.14.8 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; 4.14.9 Know facility rules and regulations and provide pertinent information (e.g., refund policy) to participants; 4.14.10 Pay a twenty dollar ($20.00) lost key/replacement fee when Contractor requests replacement key; and 4.14.11 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, and any further updates therein, which shall be provided by City upon amendment 4.15 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. 4.16 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 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. 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. Coast Community College District Page 5 6. NOTICES Unless otherwise indicated, all notices, demands, requests or approvals, including change of address notices, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 6.1 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn.: 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.- Coast t: Coast Community College District 1370 Adams Ave. Costa Mesa, CA 92626 Attn: Risk Services Coast Community College District 1801 Coast Highway Newport Beach, CA 92663 949-258-7091 sailing@occsailing.com 7. INDEPENDENT CONTRACTOR The parties intend and agree that at all times during the performance of services under this Agreement, Contractor and Representatives shall act as an Independent Contractor and shall not be considered an agent or employee of City. As such, Contractor shall have the sole legal responsibility to remit all federal and state income and Social Security taxes and to provide for its own workers compensation and unemployment insurance and that of its Representatives. Contractor also agrees to provide liability insurance as required by City and described more fully below and in Exhibit B. City shall not be liable for any payment or compensation in any form to Contractor other than as provided herein. City reserves the right to employ other independent contractors and contractors who teach the same or similar classes. City shall provide Contractor with IRS Form 1099-MISC or other applicable IRS forms at the end of the calendar year for all fees paid to Contractor. Coast Community College District Page 6 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. 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) -rears 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 Coast Community College District Page 7 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 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. City shall indemnify, defend and hold harmless Contractor 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 City, its employees, representatives, officers and agents in the course of performing services under this Agreement; however, City shall not be required to indemnify Contractor from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties defined hereinabove. 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 Coast Community College District Page 8 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 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 either party 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. Coast Community College District Page 9 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] Coast Community College District 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:Ssj 21:� CITY OF NEWPORT BEACH, a California municipal corporation Date: 9 • D..ti3 • ";;k By: By- '�aron . Harp prauet—weilek City A rney n & Services Director ATTEST: CONTRACTOR: Coast Community College District, a public educational Pq /'�/�. J agency Date: Date: By: By: Signed in Counterpart � �. Leilani I. Brown John Weispfenning, Ph.D. City Clerk Chancellor APPROVED AS TO FORM Coast Community College District Date: Signed in Counterpart Jack P. Lipton, Ph.D., Esq. General Counsel [END OF SIGNATURES] Attachments: Exhibit A — Representative Approval Form Exhibit B — Insurance Information Coast Community College District 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: BY:� _ -C*tAaron Harp City A rney CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Laura Detweiler Recreation & Senior Services Director ATTEST: CONTRACTOR: Coast Community College District, a public educational agency Date: Date: a Leilani I. Brown City Clerk By: John Weispfenning, Ph.D. Chancellor APPROVED AS TO FORM Coast Community College District Date: 3-23"21 By: Jack P. bhpto—n, Ph. D., Esq. General Counsel [END OF SIGNATURES] Attachments: Exhibit A — Representative Approval Form Exhibit B — Insurance Information Coast Community College District _ Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATWRNEYOFFICE Date: L// By: /"� Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Laura Detweiler Recreation & Senior Services Director CONTRACTOR: Coast Community College District, a public educational agency Date: o By: Joh eispfenning, P D. 4Cha Ilor APPROVED AS TO FORM Coast Community College District Date: By: Jack P. Lipton, Ph.D., Esq. General Counsel [END OF SIGNATURES] Attachments: Exhibit A — Representative Approval Form Exhibit B ---- Insurance Information Coast Community College District Page 11 EXHIBIT A REPRESENTATIVE APPROVAL FORM PLEASE PRINT LEGIBLY CONTRACTOR NAME: REPRESENTATIVE: NAME.- ADDRESS'. AME: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 Coast Community College District A-1 EXHIBIT B INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR RECREATION AND SENIOR SERVICES A. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the - existing coverage. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. 1. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. a) Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected and appointed officers, employees, agents, volunteers, representatives, the City Council, boards and commissions, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Class or Program. b) In the event Contractor has no employees requiring the Contractor to provide Workers' Compensation insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, preferred with a two million dollar ($2,000,000) in the aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. Coast Community College District B-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 $1,000,000 per occurrence and $3,000,000 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: Additional Insured Status. All applicable 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. 2. 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. 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. 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 Coast Community College District B-2 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 (90) 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 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 Coast Community College District B-3 judgment may be necessary for its proper protection and prosecution of the Work. Coast Community College District B-4 Chong, Matthew From: Stinson, Mariah Sent: Tuesday, April 27, 2021 7:41 AM To: Chong, Matthew; Valdez, Racquel Subject: FW: Compliance Alert -Vendor Number FV00000451 Coast Community College District's insurance was approved. MARIAN STINSON I Administrative Assistant Recreation & Senior Services Department City of Newport Beach City Hall - 100 Civic Center Drive, Bay E, Newport Beach, CA 92660 1949-644-3158 11 : mstinson@newportbeachca.gov visit us: www.newportbeachca.gov/recreation -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Monday, April 26, 20215:55 PM To: Stinson, Mariah <MStinson@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000451 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000451 Coast Community College District Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.