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HomeMy WebLinkAboutC-4596 - Independent Contractor Agreement Recreation Instructor0 CITY OF NEWPORT BEACH Recreation & Senior Services Department INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into as of this 20.of ' +- J 2010 by and between the City of Newport Beach, California, a Municipal Corporation and Charter City ( "City "), and Genaf Kerr dba Olympic Academy - Sole Proprietor, (Instructor) to provide the classes or programs in water polo hereby agreed upon, as 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 3& 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: • Classes /Programs - 75% 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. 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 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. Orientation. Instructor or Instructor's authorized representative must attend the Annual Instructor Orientation 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. 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. ix. Close and secure the room or building at the end of each class. X. Turn off any lights, heat, air conditioning, or other utilities when class is finished. xi. Schedule make -up classes in advance through City. xii. 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. xiii. Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. (Copy provided). xiv. Pay a $20 lost key /replacement fee when Instructor requests replacement key. xv. 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. J. 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 /D 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 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: I 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. 10. 11 12. 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. 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. 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. 14. 15. 16. 17 18. 19. TERMINATION City has the right, at its sole discretion and with or without cause, to terminate this Agreement at any time by giving three (3) calendar days prior written notice to 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. 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. 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. 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. 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. 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. 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: nee . Beauc p Assistant City Att n y CITY OF NEWPORT BEACH, A Municipal Corporation & Senior Services '�(i -n�I-no If Social Security or Tax ID Number h+ �2)b- (72 rj j -z+ SL Cell Ph ne /� 1 Business Phone Home Phone 2Q192,('Ci INM '—aL2 J Cby•CDi" WUX4.)s e) bN p;<`ae-gj d_gt�a� Em I Address Web Sites Home Address (if different from above) City State Zip Before submitting your contract package to the City, the following documents must be completed and or enclosed. Three copies of the signed contract (a completed original contract will be mailed back for your records after proce-s$ing 1) Exhibit A —Completed List of Contract Instructor Representative, Employee and /or Agent Names Form /V4 2) Exhibit C — Copy of valid City of Newport Beach Business License; and 1✓ 3) Exhibit D — insurance Certificate with Additional Insured Endorsement if not using SCMAF insurance Plar✓ 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: nee .Beauc sistant p AsCity Att y C nl�pl(6 ATTEST: By: Lei ani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By k.L)ura Detweile irector ecreation & Senior Services O 9e u eM INSTRUCTOR —Olympic Academy cy Nor <1FON By: j I11I/tl signate a Genal K rr Date Si. ned Before submitting your contract package to the City, the following documents must be completed and or enclosed: Three copies of the signed contract (a completed original contract will be mailed back for your records afterproce-s-$$mg 1) Exhibit A- Completed List of Contract Instructor Representative, Employee and/or Agent Names Form NR 2) Exhibit C - Copy of valid City of Newport Beach Business License; and ✓ 3) Exhibit D - Insurance Certificate with Additional Insured Endorsement if not using SCMAF Insurance Plallo� Cost Encompass Detail Acct. Type: Business Tax License #: Bus. ID: Name: OLYMPIC ACADEMY Owner Name: GENAIKERR Owner Phone: Owner Type: Exp. Date: 3/31/2011 S Addy: S Addy 2: Addr3: Zip: B Addr1: B Addr2: B Addr3: B Zip: Phone: FEIN: SEIN: Established: 3/1/2010 SIC: 7032 -SPORTING R RECREATIONAL CAMPS Owner #: # of Emps: usr1: usr2: usr3: usr4: usr5: usr6: usr7: Emergency Contact Info Contact: GENAI KERR Phone: Page 1 of 1 http://apps.citynet.newportbmehca.gov/masterid/ENC_detail.asp?EID=BT30031132 03/15/2010 ACORD CERTIFICATE OF LIABILITY INSURANCE ODUCER TMIS CFRTIFM`ATF IS ISSI I Iratum Insurance Agency, LLC 212 Dupont, Suite P Ane, CA 92612 19-270-0609 Genal Kerr DBA Olympic Academy INBLI NAIC N FHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING %NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MPERTAIN,, THE INSATC ANCAIM0 AFFOO RDED BY THEcPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCF DnI R kDVIPoMCYEFFECTME POLICTXUMBER M p POLICTEXPIMTIIXi UNITS 1 GENERALUABIUTY 06/24/2010 06/24/2010 EACH OCCURRENCE a 1 000,00 SEa MED EXP omy one SI s 10000 % COMMEFFWLGENEPALLIABILRY OIAIMSMADE OOCCUR 4 6,00 PERSONAL&ADV INJURY $ 100000 GENERALAGGREGITE & 1,000,00 GI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIDPAGG $ 1,000 W POLICY PR6 LOC AUTOMOBILE LIABILITY ANYAUTO COMBINEDSINGLELIMIT (Eas II 4 BODILY INJURY perp®aCn) 4 ALLOWNEOAU CS SCLEDULEDAUTOS BODILYINJURY (Pereaident)tlenll E HIREDAUTOB NON-OWNEDAUTOS PRI I OAISACF /PeracdIE E GARAGE LIABILMY AUTOONC-EAACCINI NT $ ANYAUTO OTHER THAN AACG'T E AUTOONLv: qGG EXCESSIUMBRELLA LIABILITY -7 EACHOCCURRENCE S AGGREGATE 4 OCCUR CLAIMSM90E 4 g oEOucTIaLE 4 RETENTION 4 WORKERS COMPENSATIONANDWC EMPLOYERS-LIABIL" SiAAiV, OIH- TORYL _. _R g ANY PROPRIETOWPARTNEWEXECUTNE E.L EACH ACa a -NT % OFFICERIMEMBEREXCWDEPI KTIA.dpcnbaantle, EL.06EA-AS.T'LOVFY — - - 3 SPECIAL PROVISIONS C¢IPx ELOISEA:F-P_- VJ,.IU OTHER Professional Liability 06/24/2010 06/24/2911 Each act: $1,000,000 Aggregate: $1,000,000 SISSETON OF OPERUMONS/LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ty of Newport Beach, its elected or appointed officers, employees, agents, and volunteers are named as additional insured and is mary per the General Liability coverage form CG8224 attached to the policy, when required by contractual agreement. Is certificate replaces a prior certificate issued on 07/01/2010. =xcept 10 days notice for non-payment of premium. City of Newport Beach ATTN: Ted Craig 3300 Newport Blvd Newport Beach, CA 92663 Manager or Lessor of Premises SHOULD ANY OF THE ABOVE DESCRIBED POUCHES DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'OO DAYS WRRTE NOTICE TO THE CERTIFICATE HOLDER MAMED TO THE LEFT, BUT FAILURE TO DOSO $HAL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. '^MM nC Inn^4 /00\ Administrative Offices 580 Walnut Street Cincinnati, Ohio 45202 GREAT IiICAM Tel: 1-513-369-5000 �+ INSURANCE COMPANIES CG 82 24 (Ed. 12 01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following provision is added to SECTION II - WHO IS AN INSURED 5. AUTOMATIC ADDITIONAL INSURED(S) a. Additional Insured - Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or or- ganization (hereinafter called Ad- ditional Insured) from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this policy under: (a) a written contract; or (b) an oral agreement or con- tract where a Certificate of Insurance showing that per- son or organization as an Additional Insured has been issued,- but ssued; but the written or oral contract or agreement must be an "insured contract," and, (i) currently in effect or be- come effective during the term of this policy; and (ii) executed prior to the "bodily injury," "property damage," "personal and advertising in- jury." (2) With respect to the insurance af- forded the Additional Insured identified in Paragraph A.0) of this endorsement, the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance or use of that portion of the premises leased to you. (b) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the cov- erages or Limits of Insurance in this Coverage Form be in- creased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional In- sured whether the other in- surance is primary, excess, Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12/01) XS (Pacle 1 of 4) contingent or on any other basis unless a written con- tractual arrangement specifi- cally requires this insurance to be primary. (3) This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the "Additional Insured." b. Additional Insured - Funding Sources (1) This policy is amended to include as an Insured any Funding Source which requires you in a written contract to name the Funding Source (hereinafter called Addi- tional Insured) as an Insured but only with respect to liability aris- ing out of your premises, "your work" for such Additional Insured, or acts or omissions of such Ad- ditional Insured in connection with the general supervision of "your work" and only to the extent set forth as follows: (a) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (b) The coverage provided to the Additional Insured(s) is not greater than that cus- tomarily provided by the policy forms specified in and required by the contract. (c) In no event shall the cov- erages of Limits of Insurance in this Coverage Form be in- creased by such contract. c. Additional Insured - Contractual Obligations (1) This policy is amended to include as an Insured any person or or- ganization (hereinafter called Ad- ditional Insured) that you are re- quired by a written "insured con- tract" to include as an Insured, subject to all of the following provisions: (a) Coverage is limited to liability arising out of: (i) your ongoing oper- ations performed for such Additional Insured; or (ii) that Insured's financial control of you; or (iii) the maintenance, opera- tion or use by you of equipment leased to you by such Additional Insured; or (iv) a state or political sub- division permit issued to you. (b) Coverage does not apply to any "occurrence" or offense: (i) which took place be- fore the execution of, or subsequent to the completion or expira- tion of, the written "in- sured contract", or (ii) which takes place after you cease to be a ten- ant in that premises. Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12/01) XS (Paae 2 of 4) (c) With respect to architects, engineers, or surveyors, coverage does not apply to "Bodily Injury," "Property Damage," "Personal and Ad- vertising Injury" arising out of the rendering or the fail- ure to render any profes- sional services by or for you including: (i) the preparing, approv- ing, or failing to pre- pare or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications; and (ii) supervisory, inspection, or engineering services. If an Additional Insured endorsement is at- tached to this policy and specifically names a person or organization as an Insured, then the coverage in Section II - WHO IS AN INSURED 5. Automatic Additional Insured(s) does not apply to that person or organization. 2. BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 8. is replaced with: 8. Transfer of Rights of Recovery Against Others to us and Blanket Waiver of Subrogation a. If an Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured con- tract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard." 3. NON -OWNED OR CHARTERED WATER- CRAFT Section I - Coverages, Coverage A, Item 2.9.(2) is replaced with: (2) A watercraft you do not own that is: (a) less than 51 feet long; and (b) not being used to carry persons or property for a charge. 4. BROADENED PERSONAL AND ADVERTISING INJURY Unless "Personal and Advertising Injury" is ex- cluded from this policy: SECTION V - DEFINITIONS Item 14. is re- placed by: 14. "Personal and Advertising Injury" means injury, including consequential "bodily in- jury," arising out of one or more of the following offenses: a. false arrest, detention or imprison- ment; b. malicious prosecution,- c. rosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor,- d. essor; d. oral, written, televised, videotaped, or electronic publication of material, in any manner, that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e. oral, written, televised, videotaped, or electronic publication of material, in any manner, that violates a person's right of privacy; or Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12/01) XS (Paae 3 of 4) f. mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items 14.a. through 14.e. g. the use of another's advertising idea in your "advertisement"; or h. infringing upon another's copyright, trade dress or slogan in your "adver- tisement." 5. MENTAL INJURY, MENTAL ANGUISH, HUMILIATION, OR SHOCK INCLUDED IN BODILY INJURY DEFINITION Section V - Definitions, Item 3. is replaced with: 3. "Bodily injury" means physical injury, sick- ness, or disease, including death of a per- son. "Bodily injury" also means mental in- jury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. 6. MEDICAL PAYMENTS A. The Medical Expense Limit in Paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical Ex- pense Limit. The Medical Expense Limit provided by this policy shall be the greater of: a. $10,000,- or b. The amount shown in the Declarations for Medical Expense Limit. B. This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. C. This provision 7. does not apply if COVERAGE C. MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 7. DAMAGE TO PREMISES RENTED TO YOU LIMIT A. SECTION III - LIMITS OF INSURANCE, Item 6. is replaced with: Subject to 5. above, the Damage to Prem- ises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to your building, or to personal -property of others in your care, custody and control while at premises rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. The Damage to Premises Rented To You Limit is replaced by the following Damage to Premises Rented To You Limit. The Damage to Premises Rented To You Limit is the greater of: (1) $300,000; or (2) the amount shown in the Declarations for Damage to Premises Rented to You Limit. B. This provision is subject to all the terms of SECTION III - LIMITS OF INSURANCE. C. This provision 5. does not apply if Damage to Premises Rent to You Liability of COV- ERAGE A (SECTION 1) is excluded either by the provisions of the Coverage Part or by endorsement. 8. SUPPLEMENTARY PAYMENTS A. In the SUPPLEMENTARY PAYMENTS - COVERAGES A and B provision, Item 1.b., and 1.d are replaced with: 1.1b. Up to $500 for cost of bail bonds required because of accidents or traf- fic law violations arising out of the use of any vehicle to which the Bodily In- jury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off work. This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 2001 CG 82 24 (Ed. 12/01) XS (Paae 4 of 4) CITY OF NEWPORT BEACH CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the perforniance of the work for which this Agreement is entered into, I shall not einploy any person in any manner so as to become subject to the Workers" Compensation Laws of the State of California, +&* 1010 Executed on this (a day of J#J 14% -,,29K at Newport Beach, California.. 47 q(- - 6 WK,: C67,0 [Add Consultant's name and title] - n a - N g�8 9 r p m T 6 X Z o z m n y Pam _ vt DHERE FOL HEW.. R A � n a I Q n FOL HEW..