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HomeMy WebLinkAboutC-4250 - Independent Contractor Agreement Recreation Instructora CITY OF NEWPORT BEACH Recreation & Senior Services Department INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into as of this 1st day of June 2009 by and between the City of Newport Beach, California, a Municipal Corporation and Charter City ( "City "), and Andrew Todd - Sole Proprietor, DBA Trifytt Sports (Instructor) to provide the classes or programs in Youth Sports scheduled and described in the Newport Navigator, which is incorported herein by this reference, and as approved in writing by the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 301' day of September 2010 unless terminated earlier as provided herein. 2. COMPENSATION City will pay Instructor within 21 business days after their last class meeting. City will pay the Instructor the following percentages of the amount of the total enrollment fees collected below, minus the non - resident fee and a $3 per person administration fee for each class held: • All Locations except Newport Coast Community Center & Summer Camps — 65% • Newport Coast Community Center — 60% • Summer Camps (excluding Newport Coast Community Center) — 65% City may renegotiate compensation with Instructor anytime during the term of this Agreement, if the City has to take on additional responsibility. 3. DUTIES OF CITY A. Registration. City shall register all participants for classes and collect all enrollment fees. Instructor shall not accept enrollment fees directly from a participant unless the City approves, in writing, the acceptance of enrollment fees by the Instructor. Instructors shall only collect materials fees that are pre- approved by the City and published in advance in the Newport Navigator. Such materials fees should be collected by Instructor at the first class meeting. B. Publicity. City shall provide publicity for the class in the Newport Navigator, which is published four times a year. City shall have the sole discretion to decide what information will be included in the Newport Navigator about the class and the Instructor. C. Class Facility. City shall provide a location for the class without charging Instructor any rental fees, unless otherwise agreed by the parties. City shall also provide all necessary utilities. D. Refund Processing. City shall provide refunds to participants who: • Drop the class before the second class meetings; • Drop a one -day workshops 5 business days before the workshop; or • The class is canceled by the City or Instructor. INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports Page 2 The Instructor must provide the City with all required paperwork. - E. Class Roster. City shall provide class rosters to Instructor online. Instructor will request a log -in and password from City. The City will not mail, fax or email rosters to instructors. 4. INSTRUCTOR DUTIES A. Instructors. Instructor hereby certifies that he/she or any instructor, representatives, or employee who will be teaching the class or assisting in teaching the class is qualified to do so, and qualified to perform the services described above and in the course outline submitted to City. City staff must approve in writing all assigned instructors, representatives and employees prior to any of them performing any services under this Agreement. A current roster of instructors, representatives, and employees must be provided prior to new instructors, representatives and employees being approved. All instructors must be able to provide proof of legal right to work in the United States. B. Representatives/Employees. Instructor shall provide the City with Name, Address and Phone Number of all representatives or employees who will be providing any services pursuant to this Agreement. All representatives or employees must comply with the City's fingerprint policy (Section 8). Please mark the following that apply: _ I will not be using representatives or employees. I will be using representatives or employees (Please complete Exhibit A). - Instructor must notify the City in writing at least thirty (30) calendar days before the start of the first class or program with any additions or deletions to Exhibit A. Instructor 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. C. Supplies/Equipment. Instructor shall be responsible for providing all supplies, equipment, personnel, materials, and any additional publicity desired for the class, at Instructor's sole expense, unless otherwise agreed to in writing by City. Instructor shall also be responsible for repairing and maintaining all equipment and supplies in good working condition. D. Anti - Discrimination Laws. Instructor agrees and certifies that, except as permitted by law, no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, be excluded from participation in or be denied the benefits of the services provided pursuant to this Agreement, and Instructor agrees not to discriminate on said grounds in the hiring and retention of employees and representatives, unless authorized under Section 12940 of the California Government Code. Instructor shall, where applicable, conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. D. Class Size. Instructor shall determine the minimum and maximum number of participants required for each class in cooperation with City staff. The City can determine the minimum /maximum number of participants in a class to ensure the quality and, safety of the class. Instructor or Instructor's authorized representative is required to attend the first class meeting of all class offerings advertised in the Newport Navigator unless Instructor cancels the class three (3) business days prior to the start date, with the prior written approval of City. In the event of such approved cancellation, Instructor shall be responsible for INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports Page 3 informing all registered participants. In the event that the minimum number of participants is not met by the first class meeting, the class will be cancelled and the Instructor shall not be compensated for attending the first meeting or for any cancelled class. Instructor shall not be obligated to provide any additional services in regards to the cancelled class. If the minimum number of participants is met or exceeded, the class will be held as scheduled (even if any of the initial participants subsequently drop the class), subject to paragraph 14 of this Agreement. If the demand is such that an additional class could be offered, it shall be taken under consideration and negotiated by City and Instructor. If class(es) are cancelled 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. E. Use of Non -City Facilities for Classes. If Instructor desires to conduct the class at his/her place of business, or some other non City -owned site or facility, Instructor must: i. Notify City at least twenty -four (24) hours in advance; ii. Provide sufficient parking for all participants; iii. Post signs at the site to direct participants to the location of class; and iv. Allow access to City staff to the location when requested. F. Absences. Instructor shall obtain permission from City one (1) week prior to any planned absence from the class. In the event of illness, Instructor is required to notify City and Participants twelve (12) hours prior to any class cancellation. City urges Instructor to get a substitute, whenever possible, instead of cancelling classes. All Instructor employees or representatives must be fingerprinted and clear a background check before teaching a class as provided in paragraph 8 of this Agreement. Instructor shall obtain City's prior written approval of any substitute instructor. When cancelling a class, Instructor shall contact all participants as soon as possible. G. Contact Information. Instructor is required to notify City in writing of any name, address, telephone number, email, website or direct deposit payment changes within 48 hours of such change. H. Training. Instructor or Instructor's authorized representative must attend the Annual Instructor Training on Wednesday, May 12, 2010, at Newport Coast Community Center (6401 San Joaquin Hills Road, Newport Coast, CA 92657) from 5:00 — 8:30pm. Failure to attend without prior written approval shall result in City retaining an additional 5% of the total enrollment fees collected. I. Other Requirements. Instructors shall: i. Cooperate fully with all reasonable requests from City staff. ii. Maintain the highest degree of participant safety possible. iii. Immediately report to the Recreation & Senior Services Office any injuries as a result of class participation. iv. Immediately report to the Recreation & Senior Services Office any damage to the classroom or program facility that could cause potential injury to a class participant, or other needed maintenance repairs. V, Contact participants, if /when a class is cancelled and confirm all cancellations and /or make -up classes, in writing, with City staff. vi. 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. INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports Page 4 vii. Ensure that any music or sound system is kept at levels that will not interfere with other classes or create a public disturbance /nuisance. - viii. Close and secure the room or building at the end of each class. ix. Turn off any lights, heat, air conditioning, or other utilities when class is finished. X. Schedule make -up classes in advance through City. A. Complete and return the quarterly "Contract Class Schedule" on the date stated which will be emailed to the Instructor. Instructor is given two (2) weeks to return the completed quarterly schedule back to the City. xii. Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. (Copy provided). xiii. Pay a $20 lost key /replacement fee when Instructor requests replacement key. xiv. Abide by all City policies and procedures including, but not limited to, the requirements set forth in the Newport Navigator and the Contract Instructor's Handbook 2009 -10, which is attached hereto and incorporated by this reference. Direct Deposit. All Instructors are required to use direct deposit for payments made from the City pursuant to this Agreement. K. Email — All instructors are required to have an email address. L. Instructor 1D Badge — Instructors and their employees /representatives are required to wear Recreation Instructor ID Badge provided by the City at all times while teaching. Pay a $5 Instructor ID Badge lost/replacement fee will be charged. Instructor ID Badges are replaced each year upon renewal of contract. 5. INDEPENDENT CONTRACTOR The parties intend and agree that at all times during the performance of services under this Agreement; Instructor shall act as an Independent Contractor and shall not be considered an agent or employee of City. As such, Instructor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his /her own workers compensation and unemployment insurance and that of his /her employees or representative. Instructor also agrees to provide liability insurance as required by City and described more fully below. City shall not be liable for any payment or compensation in any form to Instructor other than as provided herein. City reserves the right to employ other independent contractors and instructors who teach the same or similar classes. 6. INSURANCE General Liability Insurance. Instructor must provide and maintain at all times general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. The policy shall carry a general liability special endorsement naming the City of Newport Beach, its elected or appointed officers, employees, agents and volunteers as additional named insured in the amount of one million dollars ($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to the Recreation & Senior Services Department and must be approved by the City Risk Manager prior to the first class /day of instruction. Instructor shall have the option of purchasing coverage through the City of Newport Beach's Special Event insurance program, or providing his/her own coverage. If an Instructor elects to obtain his /her own coverage, said coverage must have the policy limits described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A (or higher) and Financial Size Category Class of VII (or larger). Said policy must also provide a written 30 -day notice of cancellation (10 -day written notice for non - payment of premium) to the City INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports Page 5 of Newport Beach Recreation & Senior Services Department, at the following address: 3300 Newport Boulevard, Newport Beach, CA 92663. Workers' Compensation Insurance. By executing this Agreement, Instructor certifies that Instructor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self - insurance before commencing any work. Instructor shall carry the insurance or provide for self - insurance required by California law to protect said Instructor from claims under the Workers' Compensation Act. Please mark the following that apply: XI am attaching a copy of the General Liability Insurance with Additional Insured Endorsement that meet the above requirements. (Please see Exhibit D). I will be using the City provide insurance through Southern California Municipal Athletic Federation (SCMAF) and will pay all required fees quarterly billed by the City. Please see Contract Instructor Handbook 2009 -10 (Exhibit B) for complete information. 7. COMPLIANCE WITH ALL LAWS Instructor, and his/her employees, agents and representatives shall at all times observe and comply with all laws, ordinances and regulations. 8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK All Instructors and their employees, agents and 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 or assisting with any class or program. Such Instructors and their employees, agents and representatives are required to submit fees in the amount of $54 per person to the City of Newport Beach, Recreation & Senior Services Department, to cover all costs associated with fingerprinting through the City of Newport Beach Police Department and the Department of Justice. Fingerprints are required to be updated every five (5) years. This requirement is mandatory. In addition, all classes involving minors age seventeen (17) or younger must be taught in an open atmosphere where parents and guardians are able to observe class instruction if so desired. At no time can the parent or guardian of a minor be denied access to a class. By signing this Agreement, Instructor agrees to the provisions of this Paragraph. 9. TRANSPORTING OF MINOR PARTICIPANTS Unless the class or program specifically involves travel or transportation of minors to an offsite location, Instructor, or Instructor's employees, agents or representatives, shall not transport any minor participant by vehicle or otherwise. If, after the conclusion of any class session, a minor participant has not been picked up, Instructor shall make every effort to contact the minor participant'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, Instructor shall contact the City Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office at 949 - 644 -3151 (Monday through Friday, 8am to 5pm.), or the Park Patrol at 949 - 795 -2381 (Monday through Friday, 5 to 9pm, and Saturday and Sunday, 9am to 5pm.) During all other hours, Instructor shall contact the Newport Beach Police Department for assistance. INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports 10. 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 Instructor, shall remain the property of City. Instructor shall not release such information to others without the prior written authorization by City. Instructor shall not use such information for any other purpose than those authorized by City. All class rosters, class participant addresses and contact information, shall be used by the Instructor solely for administration of classes and performing City business. Instructor will take reasonable steps consistent with the law to prevent distribution of such information. Instructor's obligations under this paragraph shall survive the termination of this Agreement. 11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND PUBLICITY Instructor shall not include City's name, logos or insignia, or photographs of the class site or participants, in any publicity pertaining to Instructor'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. 12. BUSINESS LICENSE Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City must obtain a business license prior to conducting business in the City, and pay the required business license fee. This ordinance applies to businesses operating at commercial or residential locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail. The City Business License Fee is an annual tax, due every twelve (12) months. Instructor 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 in Newport Beach City Hall. In certain circumstances, Instructor may be eligible for paying 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 your Business License must be submitted with this agreement. Please see Exhibit C. 13. INDEMNIFICATION General. Instructor shall defend, indemnify, and hold harmless City, its elected and appointed officers, employees, agents, representatives, the City Council, boards and commissions ( "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 Instructor, his or her employees, representatives, officers and agents in the course of performing services under this Agreement; however, Instructor shall not be required to indemnify City from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Intellectual Property. Instructor 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 Instructor of the legally protected rights of any third parties, with respect to works performed, logos displayed, or written or digital materials provided by Instructor 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 Instructor 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 Instructor to obtain the appropriate license to perform the material prior to the public performance. INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports 14. TERMINATION Page 7 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 Instructor. In the event of termination under this Section, City shall pay Instructor on a prorated basis for any classes or programs that were actually taught by Instructor, if any, up to the effective date of termination. 15. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 16. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Instructor and City and approved as to form by the City Attorney. 17. 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 this Agreement or any other rule of construction which might otherwise apply. 18. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and all preliminary negotiations and agreements are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 19. 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. 20. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. INDEPENDENT CONTRACTOR AGREEMENT Trifytt Sports Page 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ynet eaump Assistant City At:Vey ATTEST' By: Leilani Brown, City Jerk CITY OF NEWPORT BEACH, A Municipal Corporation By Detweiler, Director onviiii.Recreation d Senior Services INSTRUCTOR-Trif Sports By:S- Z 9- v9 Signature Andrew Tod Date Signed Before submitting your contract package to the City, the following documents must be completed and or enclosed. 1) Three tropias of the signed contract (a completed original wntract will be mailed back for your records after processing 2) Exhibit A - Completed List of Contract Instructor Representative, Employee and/or Agent Names P rm 3) Exhibit C - Copy of valid ray of Newport Beach Business License; and 4) Exhibit D - Insurance Certificate with Additional Insured Endowment if not using SCMAAF Insurance Plan Exhibits: A - Contract Instructor Representative, Employee and/or Agent Fonn Y B -- Contract Instructor Handbook 200910 C - Business License P/ D - Certificate of Liability Insurance with Additional Insured Endorsement V/ 5 cn 2 0 O 3 v z m 3 CD U T -O N_ r � Z 3 O 3 m n N_ Q ° m m N _N O 3 O N O 3 c m 3 N N m z3 N O N C 7 13 !x � m sn l 0 G m o n 5 cn 2 0 O 3 v z m 3 CD TRIPYTT SPORTS CITY OF NEWPORT BEACH INSTRUCTIONS AND CONDITIONS ACCOUNT NUMBER: EXPIRATION DATE: 05/31/2010 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax cedificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro -rated.. Refunds are not provided once the certificate has been issued. Your business tax certificate Is valid until the expiration date, and must be renewed annually poor to that date. Changes in type of ownership (i.e. from a sole proprietorship to a pedrershw or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.081. For your convenience, the Revenue Ciwsion will mail a courtesy renewal notice, prior to the expiration nate, to the billing address of record. Non -receipt of the notice does not alleviate the requirement to renew. Penalties are Imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base lax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644-3141; e-mail us at: RevenueHelp®city.newpoh-beach ca. us, or visit us on the internet at walw.ciftynewpor-beach.caas_ and view the Municipal Cade on-line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 05/31/2010 ACCOUNT NUMBER: SERVICE ADDRESS: OWNER/PRINCIPAL NAME: TRIPYTT SPORTS ANDREU! TODD BUSINESS CATEGORY: MISC.PERSONAL SVCS SELLERS PERMIT: NO SELLERS PERMIT OWNERSHIP TYPE: SOLE PROPRIETORSHIP TAX INCLUDES PAYMENT FOR: 0.00 EMPLOYEES _ DATE OF ISSUE: 05/29/2009 PRINT DATE: 05/29/2009 ACORD. CERTIFICATE OF LIABILITY INSURANCE DA E(MMIDD Y) 0$!27109 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FOR SERVICE CALL: FRANCIS L. DEAN &ASSOCIATES OF FLORIDA, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OCALA,-FLORIDA 8771671-3326 COMPANIES AFFORDING COVERAGE www.fdeanfixom COMPANY RIVERPORT INSURANCE COMPANY A INSURED SPORTS AND REC. PROVIDERS ASSN. PURCHASING GROUP COMPANY TdFyG Sports B COMPANY C COMPANY D COVERAGES THIS IB TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHBTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE FOUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS E(OLUSIONSAND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPEOFINSURANCE POLICY NUMBER PIDUOYERRICTINE DATEMMI EUCYENPIRATION DATE MMDdW LIMITS GENERAL LIABILITY GENERAJT GREGME $ 2000,0 0 X vERDON IIPAGG $ 1,000,0000..000 A GCMMEMAL GENERAL IVBIITr uRlBMuNA 06/13/09 06/13!10 PERSONAL &w INJURY $ 11000,000.00 EVNOGCURRENGE $ 1,000,W0.00 _cWs TREAGTO RO IKW[ESAiA X HREDAMAGE!(v,I $ 30BODLI ) NED EYP IMV me pwwn) $ NIA AUTOMOBILE UAMtIx ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BDwnINNMY IP.PRIwn) $ HIREDAUTOS NONOWNEDAUTOS eowty lwuMv tqc 8FC MQ $ PIO�ERTY DAMAGE $ ENRAGE LIABILITY ALTO ONLYEAADDI § ANY AUTO - NABTGGNte �LAGGRE ATE $ E%C MUTT EACH OCCVNRCYCE $ UMBR UMBREIlA FORM $ AGGREG:.iE. OTHER THAN UMBRELLA FORM W ORXEq'8 CpNPEpNATgX AXY EAPLorEga' UAgmx ELExIa CIDENT PMTNERM NF WCL �E ENCL EL MSEAse-EoucvuMlT g ELDISEASE EAEMPI OTHER DESCRIPTION OF OPERAYONSILOCATKINS1V HICLEW8PEC1AL ITEMS THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS OF THE NAMED INSURED DURING THE POLICY PERIOD. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CI City Of Newport Beach, its directors, officers, agents and employyeesees 3300 Newport Blvd. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANYWAL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE 3OHOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATON OR LIABILITY OF AM KIND UPON THE Newport Beach, California 92663 COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Francis L. Dean ACORD 2" (IMS) -- - 0 ACOR) CORPORATION 1988 DATE (MNIMOx1) 5/27109 PRODUCER FOR SERVICE CALL: THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER FRANCIS L. DEAN S ASSOCIATES, INC. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1776 S. NAPERVILLE RD., BLDG. S COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 4200- COMPANIES AFFORDING COVERAGE WHEATON, IL 60788 (800)745-2408 wWw.1dean.eom COMPANY RIVERPORT INSURANCE COMPANY A INSURED SPORTSANDRECRECATIONPROWOERSASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: COMPANY B Tn4 Rnnh COMPANY C COMPANY D COVERAGES THIS ISTOCERTFY THAT THE POLICIES OF INSI.MNCE LISTED BELOW HAVE BEEN ISSUED TOME INSURED NAMeDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHERDOCUMENT MH RESPECTTO WHICH THIS CERTIFICATEMAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEDBYTHE POLICIES DESCRIBED HEREIN IS SU&ECT TO ALL THE TERMS EXCLUSIONSAND CO ORIONS OF SUCH POUCIES, LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS CO LTR TYPEOFINSMRANCE PDIICY BER POLICYSI re LNLMaNr RMCYEAPIINTIN DATE LIMITS GENERAL UA91UTY GENERMAOWiEOATE 2000000.00 X PPCg1CT5CMHpICp p63 S' 1,B00,00D.DD A CCMMERCIALOENERALUN LIT/ CIAI48 Mf1£ OOCCUR 6/1312009 6113)2010 PEX$CpgL&M mw TRY i 1,000.000.00 OWNEW88CCNTRACTdi'SPROf IPA µTS MH OCCURRENCE : 1.0000'JO.OD X `11111 N 0"OWW) $ 900,000.00 MEDEKR(Me�P ) WA AU ANY AUTO cOMMNED MNGLEUWi $ ALLOWNEDAUTOS SCHEDOLEDAUTOS BODILY INARY $ tPPrtrlwRaN HIRED AUTOS _ NON-OWNEDAUTOS - BODILY INnRY fWgmwe P PROPERTY D4AAGE 5 GA Mae LAMW AROCNLYFAAOCIOENT ANY AUTO OTHER TI AUTO onm EAG) DENT g M RISI E EXCESS UASlUTY FACHOCCURRENCE UMBRELLA PORIA AAePEGAre11 OTHERTHANUMBREIIAFORM 5 eMIAAnTMe LMBMx ELEACNOLCICENT a 1RImY RKTOW ONXDIWEaME INCL �NaEXCL ELUMI)ME-POUCYUMIT EL OMEOAE-FA E4ROYEE P OTHER DEIN:RIPIIDN OF OPBD.TON W LOCATION W EMICLESIBPEC W. ITFAda AWeSc AcllWEes CERTIRCATEHOLDER CANCELLATION SHOULD ANT OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED TIIF,f6 Sports 1205 N. Red Gum Street, Suite A Anaheim, CA 92805 BEFORE THE EXPIRATON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 HAYS WRITTEN NOTICE TO TME CERTIFICATE HOLDER NAMED TO WE LEFT. BUT FAILURE TO MAR SUCH MOTCE SHALL IMPOSE NO OBLIGATION OR LMBUTV OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENES NTAT. AUTHORIZED REPRESENTATIVE - PTaans4 Dean ACORD 28.8 (1195) o Acow WRPORATIOH Taw ADDITIONAL INSURED note IMMADONYI 5rz7roe AGENCY 800-745-2409 830-885-7284 FRANCIS L. DEAN & ASSOCIATES, INC. 1776 S. NAPERVILLE RD., BLDG. B P.O. BOX 4200 WHEATON, IL 60187 APPLICANT (First Named Insured) =*w oa TnFYtt Sports EFFECTNE DATE E IRATION DATE COPIAN smano9 6113H0 POLICY NUMBER: ACCOUNT N1A.RBER CODE sLIBCODE: AGENCY CUSTOMER IO INTEREST wit MVAEANOMN S REMSENCEC CERTIFICATERWUIRED Sunrise Chnsllan School INTERMTINq MNMMR DIIA9Ta INSURED X 1980 PAYEE MUTGAGPIR UENHOUWR EMPLOYEEAB LES.mR LorAnCN aMLaxo: YEXKAE: SWT: BCNEW1EDrtFM NUMOER: On1ER ITEM DESLRIPMW'. IMEiEST ARNo: T EMDMDRM REFERENCER CEMIFIUTEREWIRED Antioch Soo" conno EX IMERELT IN fTEM N1MffR % ADDITIONAL INSURED LOSS MYEE MOMTUDE UENHOLDER EAPLOYEEAS ESSOR LoTATIrw WILLYM'. vvmr E BOAT. BLXEDUIEDNEMNLMBER: eTXER ITENCEB^JiIpTIW: INTFRFbT I RANK MMEANDADDRE$ REFEREMER U.RTFIGTE REWNIED City of Diamond Bar MEGPAYEE 21825 Copley Diamond Bar, CA 91765 INLERMTINnEMNUMBER AICdFIgUL INSURED X Loss MORTGAGE UEMIOLDEi EMPLOYEEAB LES&pt LCUTId! WIL ONNG vEMc1E: aokT BCXEOUMDMMNUMMR: OTHER ITEM DEBLRIPIIgI: HEREBY RANK NAMEANDADpEA9 REFEREMEV LER11FlU1E REWIgEO The City of YucalPa 34272 Yucaipa Blvd. Yucaipa, CA 92399 IMEREBTINrtEMMMWR X ASCTp INSURED LESS PAYEE MORTGAGE UENIKILFR EMPLOYEEABLESSOR LCCA"W I EWLOH3 vENwLE: I Somr. BGIEWLEDrt NUMER' OTHER REMDEBCNPTIOk INTEREST I MNIC INMEANDADDIE88 I REERENCE E: CEgngUTEREWIXEO WTEREETIN rtEIJDN�p AWIITIIXULINSURED % LOBS PAYEE MGMTGAGE UENXOLDER EYPLOYEEI$IEBSCp LCUBUILDING. UILpM: VEXlq{: BOAT: 0.'NEDUIEDIRMNMMR: GTHM RN. RIPNC IMENEBi RANK NAMEAND9MEPl10A0diE86 I pEFENENLEF. CERTIpUTEREWIRED Christ Tho Kind Cathdic Church INRREBT IX rtEYMM�R % ADMTpNP1 MSLRED LOSS PAYEE MGRTUGE UENNOLDER EMPLOYEE AS LESSOR 19DAnoM BIMMM: 4EXICLE: BWi: SQIEDUIEDnEMNMBER, OTNEN RENT CEBC.NPTl01k INTEREST I R R: N0.yEAX0POpiES6 RFPEREMEN: CEMIFlUTEREGUIRED MTERMTINnEMMIL X ALgTIOXAL INSURED LOSE PAYEE MORTQWE UENMLCER EMgAYEE AS LESSOR LOCATION: ousnN3 YENICLE bJAT. OCXEWLEp ITEM NI R: OTXEq ITEM UBCRIPIICN: ADDITIONAL INSURED D"°(" "0D EMwG ROEXCV I FMC�C 800.74&2409 Fr" 830.865-7284 PRANCIS L. DEAN 8 ASSOCIATES, INC. 1778 S. NAPERVILLE RD., BLDG. 9 P.O. BOX 4200 WHEATON, IL 80187 APPLICANT (First Named lnaurad) EFFECTIVE GATE EXPIRATION GATE COPLAN &13109 e'A" POLICY NIMSM ACCOUMNtMBER: CODE: SUSCDDE: ADENCY CUSTOMER IO INTERESTWK ACDRNNIAL NAMED LOBS PAYEE MDRTGDE URN ER EMPLOYEEASLESBCR NWEANDPDDRES$ I REFEREICEK fERiIFlGTE 0.EONPED IMENE4rIN nEN M1MRER % ILLATpX aIMIDN6 YEHICIE AWT: SOIEDULFDnEN MlMSE0.: OTHER ITEM DEMMMIOM IMEREST RANK AMOMONAL INSURED LOBS PAYEE MCMWE UENHOLDER ENPLOIEEIS LESSP4 NAMEANDACgE65 REFEREMEA: CEFMFK MRWI11Rm NFHi64r IN REMNUMmfl LIX'ATW' RIIIIOIXG VEXICLE: BOAT: qX SWEWLED MEM NUMBER: OTHER ITEM DE$CRIPIIgF (MEREST MXK ADDT%MMLNSURED LSSPAYEE MORTGAGE LIEXMOIDER PMPI.OYEEMLESWR NANEAIp ADLRE9$ REFERENCES: CEATFIGTE REpUIRED INTEREST MMEMN Mel X UHAllpl: BURDINh NENpLE: aD1T: BpIFLUIEDITEN MWSER: DIIEi ITEM DEMNIS'n : INTEREST RANK AOOITg INSURED LOBS PAYEE MORTGAGE USM ER EMPLOYEE AS LESSYR MMEMDMKfESB REFERENCE! CEATRGTEREWIRED City Cf Laguna NguelLOGTKYI: 77801 La Pa: Road Laguna Niguel, CA 92877 IMPRF.aiNnEYMMffN- X aURODO: 8M VEHICLE: SDIEWLEOITEMNUMSER: OnIEB ITEM DESCWMNkk 1 1 RANK: AMTIQ MUREO LOSS PAYEE MORTGAGE UENHOMER EM0.0YEEASLE&MR NAMEANDAOGQESS REFERENCE! ow"AMTEREWRED CRY of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 IWEREM IN ITEM MIMaER X I L Mm: I NNLDNM NP.IECIE: I BOAT EDIEWIED ITEM NUMEEM MXER ITEM DPBLMMION (MEREST RANK AIDDTD NSURED Loss PAYEE MORTOACE LIENHOLDER EMPLOYEEIS LESSOR MMEANDADDRESS REFEREWEP CEMMWEREWIRED City of Dana Point, 33282 Golden Lantern Dan Point, CA 92829 IMERWW1MMWM7R X Locnnax: auLDMa: NEiRc1E: eonr: BDIEWLF➢ITEMHUYSER: OmEA ITEM DESCRIPIIpI: MEREST RANK X AIMKM MUSED LOSS PAYEE MCRTG E UENHIXOER EMROYEEASLESSQN NAMEANDADORESS I REFERENCES: CEnfiF TEREOMMO CRY of Orange, 300 E. ChaPmen Avenue Orange, CA 92888 RITMiEMNITEMMWIMER LOGROM SUIIANO: VEXICLE B'JAT: SCHEWIEDYIB.IWSEER: pTHER ITEM OESCRIPnQ1' ADDITIONAL INSURED Data tMNUD7ffi9 n AGENCY PIINEER:800-74&2409 MP. �F.A`wV. 830-88&7294 FRANCIS L. DEAN 8 ASSOCIATES. INC. 1776 S. NAPERVILLE RD., BLDG. B P.O. BOX 4200 WHEATON, IL 80187 R101B MS w, 4,t TnFva Sports EFFEETIVE DATE E%PIMTgN RATE COiPLAN 6/13/09 6/13110 POLICY NUMBER CGDE: SUBCODE: AGENCY CUSTOMER ID ACCOUNT NUMBER: INTEREST PARK ADDITRMULNSURED LOSS PAYEE MCRTGGE NENHMDER EYPIAYEE081E680R NAMEANDADDRESS REFERENCE* CERTIRGTE REQUIRED City of TUMID, 300 Centennial Way Tustin, CA 92780 INFERear N ITEM UMBES X uocAnd: WILDING: 4£NIcIz BOAT: I �1FRULED REM NUMBER: OTNTp ITEM pESCRIPIIOX: INTEREST RPNN: ADDITIONAL INSURED Loss PAYEE MORTGA£ LIENHCUFR EMPLOYEE AS LESUKR NRIIEANDADORE88 REFERENCEN: CERTIFIGTEREWIREO City of West Downs, 1444 West Garvey Avenue West Covina, CA 91790 INTEREST IN ITEM NUMBER X LocnrlON: anu MNG: VEHICLE I BOAT: SLHECIIIEDITEMNDleER: OTHER ITEM DESCRIPTION: INTEREST I RANK ADDITIONAL INSURED Loss PAYEE MORTGAGE uENNOLOER EMROYEEASIESSOR NWEANUADDRESS REFERENCE/: CEgngGTEREry11PED City of Lake Forest, 25550 CommereerHre Drive, suite 100 . Lake Forest, CA 92630 INIERESTNITEMMIMBER X IDCATION: BUTUANG VEHICLE: BwT: SCHEWIEDREMMABER' mxER REN OE6CPIPTON'. INTEREST RANK PAYEE MIXtT E UENHOLDER NAMEANDACORESS REFERENCEIR CRnIRCATEREWIRED INTERE8r N1TENNUU ER LOCATION' BUILDING,LOSS WHIGLe DOST: q WHEWIED ITEM NUMBER: OTHEREMPLOYEEASLESSOR ITEMGF MKIM INTEREST RANK ADDITIONAL INSURED LOSS PAYEE POSTGAME NENHOILER EMPLOYEES LESSON HOME PIq AppREdS REFERENCE! CETRIFMATEREpAPEDIHIEREBTWrtEN City of Ime 1 Civic Center Plaza Invins, CA 92623BdEWLFDREMNUMBER' HUMMER X LOGnoM BUILDING' VExICM: Boxr: oTHEP ITEM DESCNPTICft INRPEST PARK ADDrTIOW. W6LRED LOSS PAYEE MO rGASE UENHOLLER EMPLOYEE AS LESSOR NANEANOACDRE66 REFERENCES CERTIFIGTEREWRED INTEREST INREM NUMBER X LDCATO: PXILRN3 WHICIE: EDAT'. 8w1EDUU D REN NUMBER : MEN REM DESCRIPRON' INTEREST RANRt X AOOTIOUL INSURED LOSS PAYEE MORTGAGE UENHOU)ER ENFLDYEEAB LE&4(M NAAEAIGACOREBS REFERENCES. CERTIRGTEREWIRED IWERES IRREMNU4BER City Of Costa was LO'ATgN: BUILDING' 77 Fair Drive YEHICIE: BOAT: Costa Mesa, CA 92628 BCHEOIIEB IiEN HUMBEq: OTXEA ITEM CE6LRIPi1M. ADDITIONAL INSURED Dam(MkB7ro9 Y srza AGENCY , 800-745-2409 APPLICANT (First rlB Insured) TnFv6 Sports - IFAr"G.m 830$65-7294 FRANCIS L. DEAN & ASSOCIATES, INC. 1776 S. NAPERVILLE RD., BLDG. B P.O. BOX 420D WHEATON, IL 60187 EFFECTYNE GATE E%PIMTION GATE COIPUN 6/13109 16/13/10 POLICY NUMBER: ACCMWNUMUMR: CODE: aUBCODE: A(ENOY CUSTOMER IO RTEREST RANK: AMITg WSMtED LOSS PAYEE MOR MAGE 11EM401➢ER EMROYEE A41E450R NAMEMDADOFEBB REFEREMCEk CERMCATE REWIRED City of Newport Beach, its Directors, of icem, agents and employees 3300 Newport Road Newport Beach, CA. 92663 INTERESTINREMNUMBER X LGCAnGN: I NUMMI, VEHICLE: I BOAT: SC DJ ED REM NUMEMI : OTHER ITEM DEIRRIPTION MEREST pAMC ACdTNVMLMIBURED LWB PAYEE MORTGAGE UENHWDER EMPLOYEE AS LESSOR NAMEAVADORES$ IREEEPENCE/: CERTIFICATE REWIRED Wawasee High School INTEREST IN ITEM NUMBER X LDCLMM: aMLOINC: VEucur BJAT: SCHEWIE0ITEMNIMBER OTHER IIFII CESCRIFl1OV MnEPEST RAMKI ADMTg INNRED LOBS PAYEE MORTGAGE LIENIOLOER EMROYEE AS LESSOR REFERENCE* CERTIFKATEREOURED 14 v r Hinh C hl Fre ,mm Campus I INTEREST IN REM NUMBER X LCGTCIL BI11LfAH0: VEWCIE: B7AT Sg1EDI.iFDnFMpIMBEA: O1HER ITEM DESCRIPTION. INTEREST RANK ADMnwwmsuRED su LOSS PAYEE MORTGAGE LIENI NER EMRAYEEASIEESCR Homs pAoh Sc REFERENCED: CERFIFIGIE REIXEREp HOOveT Koh School INTEREST INII X 1nCATgx: WILDIM WILGINO: VEMCLE: BOAT 6CXEWLEO NEM NUMBER: Un1ER ITEM CESCRIPTIpIL IMEPEBT PNAI ADOIR INSURED 1958 PAYEE MORTGAGE UENM DER EMPoYEEASU$P0R NAIV=NA ADDRESS I REPEREMCE* CERTIFICATE NEgARED Hoover Board of Education IXTEPESTINxEM HLMOER X U)CAMON: WILDNG'. VEHIo E: BWT: SCHEDV1ED REM NUMSSR: OMER REM CEBCMPTICN: IME* AD FNM WEE PAYEE LOSE PATEE MOR I LIEWOUDER EMPLOYEEAS IE650R "MeASanta Margarita dscapREFORENLE/'. CEMIRCATEPWVIPEO Santa Margarita Landscape and Recreation Corporation (SAMLARC) MRNI PFnroIW MNn]nPMan(, IRG Iran IN IIEM NUMBER X asummo LDrwnox: BUILwxc VEHICLE: BMT SWEWIEDrtEM WMSER: OTHER ITEM pESCPIPTgN'. IMEREST MNK ADNTMMM. INSURER LOSS PAYEE MORTGAGE Up wft EMPLOYEE AS LES6LR NAMEANOAWNESB REFERENCE* URRFICATEREQUIE0 INTEAEST IN ITEM NUMBER X Antioch SpDds Complex LOCATON: WILDING VEHA^.LE. BMi: SCHEpULEp REMN1M�0.: On1EP ITEM OTBCMMIW: ADDITIONAL INSURED 1 °MeW710D MMwD AaENCY 800-748-2408 A LIG NTIF N=.•+/ f330-086-7294 TdFvU Sports FRANCIS L. DEAN & ASSOCIATES, INC. 1776 S. NAPERVILLE RD., BLDG. B P.O. BOX 4200 WHEATON, IL 60187 EFF 6113 WTE IXPIMTIONOATE COIPIAN 6/13/09 6/73H0 LiPoucyNUMBER: ACCOUW NUMBER: GGEENC suecoDB: AGENCY CUSTCMERm INIEYD RONK Ffid11CNPLNISUREp LOSE PAYEE MORTGN35 UENHCRDEN EMPLDYEEASLEGSDN REFERENCE( CERNFMATEREOUYLEp City of El Segundo ORY pi E SB9U11E0 Attn: Recrea ion and Palls Director 350 Main Street, Rooms EI SB9MIMa, CA. 901953813 IMERE6i INITEM NVMBER X IbCRig4' BIALOHp: vEHIPxE: IgAT sG1EWIEpITM,I MIMeER oTPER n QEE6RIP11CN: INIEREAT RANK ADDMONALINSUNED LOSS PAYEE ^'°^TSE UEMIMpER EMPLOYEEASLE6®JR RAMEAMADDRE66 REFERENCEf CEMIFlGTEREWIREO IMERESi IN IlEq N11MBFA X LOfiATIW; WRIMH6: yEWCL6; 67AT; BGIEWLEOITEMNUYBER: pTXFR REM pEBCflIPFIOIG IMEREBT X I nANK A=R INBLWED WW PAYEE A9%1WOE UEN DER EMPLOYEEASLEBBCR NAMEAMAWRESS I REFERENCE/: CERfIFlGTE REfLWFD INIERE$f IN RFN HLMBER UXAWN: BOMNO: VEWCIE: WAT. %%EDU=ITWHUMBEII: OTHER ITEMOEECRIPMA: (MEREST RANK ACpiKIYy INSURED LESS PAYEE MpTGpE UENIEXDER EMPU VEE AS LE88g1 KNUMANDAUNMeS REFERNORM CERnFJGMREMJMED MRE6TINnWWUV0eR X I UXATMN: MaLgMt VEHICLE: BJAT. EOIEW=REMWASEN: OTHER REMpEEGUPTIW: IWEPE4T RANO ADDRI IWUREO LOSPAYEE MORTGAGE UENXOLCER EMPLDYEEASLE98di NAMEAMACORESS REFEREWEP.. LENHNGTERWUlmD I INIEREE Wu MNUMBER X IpCATION: WILDING: VEHICLE' BOPT' 8CREDuEDnEMNUM8ER: OMEN ITEMOFS'RIPfpN: IMERPBF WM LOSS PAYEE MORTGAGE UEMOLCER EMPUDYEEABIENEOR NN/EAHDADDRESS REFERENCEM CERTIFlGTEREOURED IMERESTIRnFM RER LCfiATIXI WN.GXG: VENKLE: EOAT: IAoDff�INGURW BC11Ep DMENWffR' VIM" IAMEAWC INIE AM RANK : AWEPAYEENWRED 1058 PAYEE MORTGAGE UENHOUDER EMPLOYEE AS LESSOR DDRES NAMEAIIDAWPF56 REFERENCE/: CFA}IFIGTE REWIRED (TION: WII X SULMBER LOCATION: BUILdHp: YEXICLE IBJAT: 6CHE &E09EMHUMBEN: OTHER ITEM DESGRIPTIW: