HomeMy WebLinkAboutC-4810 - Independent Contractor Agreement Recreation InstructorU
INDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 1st day of January, 2015 ("Effective Date") by and between the City of
Newport Beach, a California municipal corporation and charter city ("City"), and Newport
Aquatic Center, a California nonprofit corporation ("Contractor'), to provide the classes
or programs in Water Program ("Class" or "Program") hereby agreed upon, as
scheduled and described in the Newport Navigator and/or OASIS News, which is
incorporated herein by reference, and as approved in writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2016, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 City shall pay Contractor within twenty-one (21) City business days after
the last Class meeting.
2.2 City shall pay Contractor an amount equal to:
2.2.1 Eighty percent (80%) of the amount of the total enrollment fees
collected, minus the non-resident fee and a five dollar ($5.00) per person administration
fee for each Class.
2.3 City shall pay Contractor electronically. Contractor shall be responsible
for ensuring an up to date "Direct Deposit Authorization Form" is on file with City.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a participant
unless City approves, in advance and in writing, the acceptance of enrollment fees by
Contractor. Contractors shall only collect material fees that are pre -approved by City
and published in advance in the Newport Navigator and/or the OASIS News. Such
material fees shall be collected by Contractor at the first Class meeting.
3.2 Publicitv. City shall provide publicity for the Class in the Newport
Navigator (published on a quarterly basis) and/or the OASIS News (published on a
monthly basis). City shall have the sole discretion to decide what information will be
included in the Newport Navigator and/or the OASIS News about the Class and
Contractor. Publicity may also include flyers created by City or Contractor. Contractor -
created marketing materials must be approved in writing by City before distribution.
3.3 Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. Contractor will
request dates and times for the Classes and City will inform Contractor if the facility is
available. It is Contractor's sole responsibility to request these dates/times; City will not
schedule Contractor's Classes without receiving date/time requests from Contractor.
City facilities shall only be used for Classes authorized by the City under this
Agreement.
3.4 Refund Processing. Refunds are at the discretion of the City. City shall
provide refunds to participants when:
3.4.1 The participant drops the Class before the second Class meeting;
3.4.2 The participant drops a Class that is a one (1) day or more
workshop at least five (5) City business days before the workshop begins; or
3.4.3 The Class is canceled by City or Contractor. If canceled by
Contractor, all required paperwork must be received by City at least seventy-two (72)
hours before start date of Class.
3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide Class
rosters, sign -out sheets and attendance sheets to Contractor online via City's
registration system. Contractor is responsible for requesting log -in and password
information from City for use of the registration system.
4. CONTRACTOR DUTIES
4.1 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.
4.2 Representatives. Contractor shall provide City with the name(s),
address(es) and phone number(s) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives must comply with the
Fingerprint and Criminal Background Check policy in Section 9. All Representatives
must be able to provide proof of legal right to work in the United States.
4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval Form ("Form"). Each
Representative is required to obtain the written approval of the Recreation & Senior
Services Director prior to performing any services under this Agreement. Prior to
Contractor using any Representative to provide any services pursuant to this
Agreement, Contractor shall submit to City a completed Form for each Representative
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that Contractor desires to use to provide services pursuant to this Agreement.
Contractor, at the sole discretion of City, shall remove from the Program any
Representative assigned to the performance of services pursuant to this Agreement
upon written request of City.
4.2.2 Please initial the statement that applies:
I will not be using Representatives.
14— I will be using Representatives. Any completed and approved Forms
shall be incorporated herein by reference. I shall not authorize any
Representative to provide services pursuant to this Agreement
unless and until the Recreation & Senior Services Director has
approved in writing the completed Form for that individual
Representative.
4.3 Subcontracting. Contractor shall not subcontract or assign any portion of
the rights, obligations or duties required under this Agreement, without first obtaining
prior written approval from City. Subcontracts, if any, shall contain a provision making
them subject to all provisions of this Agreement.
4.4 Supplies/Equipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity desired for the
Class, at Contractors sole expense. Contractor shall also be responsible for repairing
and maintaining all equipment and supplies in good working condition.
4.5 Anti -Discrimination Laws. Contractor agrees and certifies that no person
shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex, sexual orientation or any other impermissible basis under the law, be
excluded from participation in, or be denied the benefits of the services provided
pursuant to this Agreement except as otherwise permitted by law. Contractor shall,
where applicable, conform to the requirements of the Americans with Disabilities Act in
the performance of this Agreement.
4.6 Class Size. Contractor shall determine the minimum and maximum
number of participants required for each Class to ensure the quality and safety of the
Class participants. Contractor or Representative is required to attend the first Class
meeting of all Class offerings advertised in the Newport Navigator and/or OASIS News
unless Contractor cancels the Class at least three (3) City business days prior to the
first Class date, with the prior written approval of City. In the event of such approved
cancellation, Contractor shall be responsible for informing all registered participants. In
the event that the minimum number of participants is not met by the first Class meeting,
the Class shall be canceled and Contractor shall not be compensated for attending the
first meeting or for any canceled Class. Contractor shall not be obligated to provide any
additional services in regards to the canceled Class. If the minimum number of
participants is met or exceeded, the Class shall be held as scheduled (even if any of the
initial participants subsequently drop the Class), subject to Section 15 of this
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Agreement. If the demand is such that an additional Class could be offered, it shall be
taken under consideration and negotiated between City and Contractor. If Class(es) are
canceled for two (2) consecutive quarters due to lack of enrollment, the Class will not be
scheduled again until City determines that public demand has increased.
4.7 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:
Class; and
4.7.1 Notify City at least twenty-four (24) hours in advance;
4.7.2 Provide sufficient parking for all participants;
4.7.3 Post signs at the site to direct participants to the location of
4.7.4 Allow access to City staff to the location when requested.
4.8 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.
4.8.1 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.
4.9 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.
4.10 Contractor Informational Meeting. Contractor or Contractor's authorized
Representative or employee shall attend an annual "Contractor Informational Meeting."
4.11 Camp Participant Emergency Waiver Form Requirements. All Contractors
who offer camps shall require all participants to complete and return to Contractor, or its
designee, on or before the first day of camp, a City issued "Emergency Contact
Information Form."
4.12 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
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a parent or legal guardian to allow said participants to transport themselves home from
the Class site.
4.13 Other Requirements. Contractors shall:
4.13.1 Cooperate fully with all reasonable requests from City staff;
4.13.2 Maintain the highest degree of participant safety possible;
4.13.3 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;
4.13.4 Clear all participants from the designated Class area at the end of
Class time unless participants continue to use public City facilities for personal use
without conflict with other scheduled activities and in accordance with posted hours and
availability limitations;
4.13.5 Ensure that any music or sound system is kept at levels that will
not interfere with other classes or create a public disturbance/nuisance;
4.13.6 Close and secure the room or building at the end of each Class;
4.13.7 Turn off any lights, heat, air conditioning, or other utilities the end
of each Class;
4.13.8 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;
4.13.9 Know facility rules and regulations and provide pertinent
information (e.g., refund policy) to participants;
4.13.10 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.13.11 Abide by all City policies and procedures including, but not
limited to, the requirements set forth in the Newport Navigator and OASIS News and the
current Contractor Handbook which is incorporated herein by reference. Contractor's
signature on this Agreement signifies acknowledgement of receipt of the Contractor
Handbook.
4.14 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.
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5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. Recreation Supervisor, or designee, shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
6. NOTICES
Unless otherwise indicated, all notices, demands, requests or approvals,
including change of address notices, to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.1 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn.: Recreation Supervisor
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 the contact information provided on the signature page to
this Agreement.
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.
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
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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. This
provision shall not apply to Contractors providing non -fitness related classes at
the OASIS Senior Center.
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) years or
younger ("minors") must be taught in an open atmosphere where parents and guardians
are able to observe Class instruction, if so desired. At no time may the parent or
guardian of a minor be denied access to a Class.
10. TRANSPORTING OF MINOR PARTICIPANTS
10.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor or its Representatives, shall not transport any minor
participant by vehicle or otherwise.
10.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no
contact can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services
Office at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol
Division at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and
Sunday, 9 a.m. to 5 p.m.). During all other hours, Contractor shall contact the Newport
Beach Police Department Dispatch number for assistance at (949) 644-3717.
11. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall
remain the property of City. Contractor shall not release such information to others
without the prior written authorization by City. Contractor shall not use such information
for any other purpose than that authorized by City. All Class rosters, Class participant
addresses and contact information shall be used by Contractor solely for administration
of Classes and performing City business. Contractor shall take reasonable steps
consistent with the law to prevent distribution of such information. Contractor's
obligations under this Section shall survive the termination of this Agreement.
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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
14.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions ('Indemnified Parties") with respect to any loss,
liability, injury or damage that arises out of, or is in any way related to, the acts or
omissions of Contractor, its employees, representatives, officers and agents in the
course of performing services under this Agreement; however, Contractor shall not be
required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
14.2 Intellectual Property. Contractor shall defend, indemnify, and hold
harmless the Indemnified Parties from any claim of infringement or other proceedings
brought against City for any intentional or unintentional violation by Contractor of the
legally protected rights of any third parties, with respect to works performed, logos
displayed, or written or digital materials provided by Contractor and used during the
performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks,
service marks and copyrights vested or issued as of the Effective Date of this
Agreement. If Contractor will be providing a public performance of musical
compositions or arrangements that are subject to a license held by a third party, it is the
responsibility of Contractor to obtain the appropriate license to perform the material prior
to the public performance.
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15. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate
this Agreement at any time by giving three (3) calendar days' prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
16. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(California Govt. Code §§ 900 et seq.).
17. STANDARD PROVISIONS
17.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
17.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
17.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions
herein.
17.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
17.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
17.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
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this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
17.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
17.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
17.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
17.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
17.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Newport Aquatic Center 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: 10 y
By: I c
Aaron C. arp ��
City Attorney �°va
CITY OF NEWPORT BEACH,
a Cafrforni nrrj{unicipal corporation
Date: VJ 31 t v�
RecrbWon & Senior Services Director
ATTEST:
Date:NE
a• 15
U tp
By.
Leilani I. Brown
City Clerk RWI
CONTRACTOR: Newport Aquatic Center, a California nonprofit corporation
k to i
tL. L�${ �
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Pdnt�la-me
Prin TiOenture
Date
Print Name
Print Title
[END OF SIGNATURES]
Attachments: Exhibit A — Representative Approval Form
Exhibit B — Insurance Information
Newport Aquatic Center Page 11
EXHIBIT A
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
--------------------------------------------------
CITYUSEONLY
CONTRACT #:
FINGERPRINTS: YES NO
BACKGROUND: YES NO
CLEARED
CLEARED TO YES NO
WORK
PHOTO TAKEN: = YES NO
CONTRACTOR = YES O NO
NOTIFIED BY EMAIL
Newport Aquatic Center A-1
EXHIBIT B
INSURANCE REQUIREMENTS
A. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City 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
officers, agents, employees and volunteers.
(b) In the event Contractor has no employees requiring 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. 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.
(a) Contractor shall have the option of purchasing liability coverage
through the City of Newport Beach's Special Event insurance
program, or through Southern California Municipal Athletic
Newport Aquatic Center B-1
Federation ("SCMAF') or providing its own coverage. If Contractor
elects to obtain its own coverage, said coverage must be as
outlined in this Exhibit.
(b) P e initial the statement that applies:
Contractor shall provide a copy of the General
Liability Insurance with Additional Insured
Endorsement that meets the requirements contained
herein.
Contractor shall utilize City -provided insurance
through Southern California Municipal Athletic
Federation ("SCMAF") and will pay all required fees
billed on a quarterly basis by City. I have reviewed
the Contractor Handbook for complete information.
Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance
Liability.
3. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subcontractors.
2. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and
its officers, officials, employees, agents, and volunteers shall be included
as insureds under such policies.
3. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
Newport Aquatic Center B-2
4. Notice of Cancellation. All policies shall provide City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10) days
notice is required) or nonrenewal of coverage for each required coverage.
5. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
1. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by the City Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at anytime.
2. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
3. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
4. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
contractor maintains higher limits than the minimums shown above, City
requires and shall be entitled to coverage for higher limits maintained by
Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
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
Newport Aquatic Center B-3
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Newport Aquatic Center B-4
vlo
CITY OF NEWPORT BEACH
Recreation & Senior Services Department
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement ("Agreement") is made and entered into
as of October 1, 2010 by and between the City of Newport Beach, a California
Municipal Corporation and Charter City ("City"), and Newport Aquatic Center, a
California corporation, ("Contractor") to provide the classes or programs in Water Sport
Classes ("Class" or "Program") hereby agreed upon, as scheduled and described in the
Newport Navigator and/or OASIS News, which is incorporated 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 31St day of December 2012 unless terminated earlier as provided
herein.
2. COMPENSATION
City shall pay Contractor within twenty one (21) business days after the last Class
meeting. City shall pay the Contractor an amount equal to eighty percent (80%) of the
amount of the total enrollment fees collected, minus the non-resident fee and a five
dollar and no/100 ($5.00) per person administration fee for each Class held.
City may renegotiate compensation with Contractor anytime during the term of this
Agreement, during the period that the Class is conducted should Contractor fail to
perform any of the terms contemplated herein.
The City pays Contractors electronically; the Contractor shall complete and return with
the contract documents the "Direct Deposit Authorization Form."
3. DUTIES OF CITY
A. Registration. City shall register all participants for classes and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a
participant unless the City approves, in advance and in writing, the acceptance of
enrollment fees by the Contractor. Contractors shall only collect material fees
that are pre -approved by the City and published in advance in the Newport
Navigator and/or the OASIS News (if applicable). Such material fees shall be
collected by Contractor at the first class meeting.
B. 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
the Contractor. Publicity may also include flyers created by the City or the
Contractor. Contractor created flyers must be approved in writing by the City
before distribution.
C. Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. The
Contractor will request dates and times for the Classes; the City will inform the
Contractor if the facility is available. It is the Contractor's sole responsibility to
request these dates/times, the City will not schedule the Contractors Classes for
them.
D. Refund Processing.
City shall provide refunds to participants when:
i. The participant drops the class before the second class meeting;
ii. The participant drops a one (1) day or more workshop five (5) business
days before the workshop begins; or
iii. The class is canceled by the City or Contractor. In this instance, the
Contractor must provide the City with all required paperwork.
E. Class Roster, Sign -Out and Attendance Sheets. City shall provide class rosters,
sign -out sheets and attendance sheets to Contractor online via
http:l/newportbeachca.gov/index.aspx?page=1432. Contractor is responsible for
requesting a log -in and password from the City.
4. CONTRACTOR DUTIES
A. Contractors. Contractor hereby certifies that he/she or any contractor,
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. Contractor is
responsible for all class curriculum development.
City staff must approve in writing all assigned contractors, representatives and
employees prior to any of them performing any services under this Agreement.
The City requires the Contractors and all representatives and employees of the
Contractor to be fingerprinted prior to performing services under this Agreement
in accordance with Section 8 below. A current roster of Contractors,
representatives, and employees must be provided prior to City approval of new
contractors, representatives and employees. All Contractors must be able to
provide proof of legal right to work in the United States. Contractor is responsible
Newport Aquatic Center Page 2
Y
for training, supervising, evaluating, scheduling, and any other requirements by
law for all contractors, representatives, and employees
B. Representatives/Employees. Contractor shall provide the City with the Name(s),
Address(es) and Phone Number(s) of all representatives or employees who will
be providing any services pursuant to this Agreement. All representatives or
employees must comply with the fingerprint policy (Section 8).
Please initial the statement that applies:
I will not be using representatives or employees.
I will be using representatives or employees. Attached please find as
Exhibit A, and incorporated herein by reference the full names, addresses
and phone numbers of all representatives or employees who will be
providing any services pursuant to this Agreement.
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 the City. Subcontracts, if any, shall contain a provision making
them subject to all provisions of this Agreement.
C. Supplies/Equipment. Contractor shall be responsible for providing all supplies,
equipment, personnel, materials, and any additional publicity desired for the
class, at Contractor's sole expense. Contractor shall also be responsible for
repairing and maintaining all equipment and supplies in good working condition.
D. Anti -Discrimination Laws. Contractor 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 Contractor 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. Contractor shall, where applicable, conform to the
requirements of the Americans with Disabilities Act in the performance of this
Agreement.
E. 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.
Contractor or Contractor's authorized 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 three (3) business days prior
to the start date, with the prior written approval of City. In the event of such
Newport Aquatic Center Page 3
approved cancellation, Contractor shall be responsible for informing all registered
participants. In the event that the minimum number of participants is not met by
the first Class meeting, the Class shall be cancelled and the Contractor shall not
be compensated for attending the first meeting or for any cancelled Class.
Contractor 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 shall 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 between City and Contractor. 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.
F. Use of Non -City Facilities for Classes. If Contractor desires to conduct the Class
at his/her place of business, or some other non City -owned site or facility,
Contractor must:
L 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.
G. 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 twelve (12) hours prior to any class cancellation.
City urges Contractor to get a substitute, whenever possible, instead of
cancelling Classes. Contractor shall obtain City's prior written approval of any
substitute Contractor. Any substitute contractor, representative or employee must
have completed a criminal background check pursuant to Paragraph 8 prior to
teaching any City programs or Classes.
When cancelling a Class, Contractor shall contact all participants as soon as
possible.
H. Contact Information. Contractor 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.
I. Contractor Informational Meeting. Contractor or Contractor's authorized
representative or employee shall attend the Annual Contractor Informational
Meeting that will be held in October 2011.
J. Camp Participant Emergency Waiver Form Requirements. All Contractors who
offer camps shall require all participants to complete and return to Contractor, or
Newport Aquatic Center Page 4
his/her designee on or before the first day of camp a City issued "Emergency
Contact Information Form".
K. Sign -Out Sheets. All Camp Contractors with participants ages 10 years and
younger, must have a legal guardian sign out each Class participant after each
Class. Sign out sheets along with Attendance sheets are available to the
Contractor online via http://newi)ortbeachca.govlindex.aspx?page=1432.
L. Other Requirements. Contractors shall:
L 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.
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
X.
A.
xii
E$P
finished.
Schedule make-up Classes in advance.
Complete and return the quarterly "Contract
the City if Contractor wishes to be a part of the
Know facility rules and regulations and pro
refunds) to participants.
Class Schedule" requested by
marketing materials.
✓ide pertinent information (i.e.
Pay a $20 lost key/replacement fee when Contractor 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 OASIS News and the
Contractor Handbook which is attached hereto and incorporated by this
reference.
M. Contractor Photo ID Badge. Contractors and their employees/representatives
are required to wear a City provided Contractor Photo ID Badge at all times while
engaging in services for the City. Contractor shall be required to pay five dollars
and no/100 ($5.00) for any lost/replacement Contractor Photo ID Badge.
Contractor Photo ID Badges are distributed upon renewal of Agreement with
City.
Newport Aquatic Center Page 5
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under
this Agreement; Contractor 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 his/her own workers compensation and unemployment insurance and that of
his/her employees or representative. Contractor 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 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 1090 or
other applicable IRS forms at the end of the calendar year for all fees paid to
Contractor.
6. INSURANCE
A. General Liability Insurance. Contractor 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 Management or their designee prior to the first Class/day of instruction.
Contractor 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 a Contractor 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 thirty
(30) day notice of cancellation (ten (10) day written notice for non-payment of
premium) to the City of Newport Beach Recreation & Senior Services
Department, at the following address: P.O. Box 1768/ 3300 Newport Boulevard,
Newport Beach, CA 92658.
B. Workers' Compensation Insurance. By executing this Agreement, Contractor
certifies that Contractor 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. Contractor shall carry the insurance or provide for self-
insurance required by California law to protect said Contractor from claims under
the Workers' Compensation Act.
Newport Aquatic Center Page 6
C. Automobile Liability Coverage. Contractor shall maintain automobile insurance
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 for
each occurrence, or as approved by Risk Management or their designee.
Please initial the statement that applies:
Contractor is providing a copy of the General Liability Insurance with
Additional Insured Endorsement that meets the above requirements.
Contractor shall be utilizing the City provided insurance through
Southern California Municipal Athletic Federation ("SCMAF") and will
pay all required fees billed on a quarterly basis by the City. I have
reviewed the Contract Contractor Handbook for complete
information. Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance Liability.
7. COMPLIANCE WITH ALL LAWS
Contractor, 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 Contractors and their employees, agents and representatives must submit to and
pass a criminal background investigation by providing a complete set of fingerprints to
the City at least thirty (30) calendar days prior to teaching, substituting for contractor or
assisting with any Class. Such Contractors and their employees, agents and
representatives are required to submit fees in the amount of up seventy three dollars
and no/100 ($73) 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 may be
required to be updated every five (5) years.
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, Contractor agrees to the provisions of
this Paragraph.
Newport Aquatic Center Page 7
9. TRANSPORTING OF MINOR PARTICIPANTS
Unless the Program specifically involves travel or transportation of minors to an offsite
location, Contractor, or Contractor'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,
Contractor 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, Contractor 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
Division at 949-795-2381 (Monday through Friday, 5 to 9pm, and Saturday and Sunday,
gam to 5pm.) During all other hours, Contractor shall contact the Watch Commander at
the Newport Beach Police Department for assistance at 949-644-3730.
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 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 those authorized by City. All Class rosters, Class participant
addresses and contact information, shall be used by the Contractor solely for
administration of Classes and performing City business. Contractor will take reasonable
steps consistent with the law to prevent distribution of such information. Contractor's
obligations under this paragraph shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, 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.
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. 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 in Newport Beach City
Newport Aquatic Center Page 8
Hall. In certain circumstances, Contractor 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 Contract. All
Contractors must have a valid business license.
13. INDEMNIFICATION
General. Contractor shall indemnify, defend 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 Contractor, his or
her 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.
Intellectual Property. Contractor shall defend, indemnify, and hold harmless the
Indemnified Parties from any claim of infringement or other proceedings brought against
City for any intentional or unintentional violation by Contractor of the legally protected
rights of any third parties, with respect to works performed, logos displayed, or written or
digital materials provided by Contractor and used during the performance of this
Agreement. Such legally protected rights of third parties include but are not limited to
trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks
and copyrights vested or issued as of the effective date of this Agreement. If Contractor
will be providing a public performance of musical compositions or arrangements that are
subject to a license held by a thins party, it is the responsibility of Contractor to obtain
the appropriate license to perform the material prior to the public performance.
14. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this
Agreement at any time by giving three (3) calendar days prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
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.
Newport Aquatic Center Page 9
16. 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. 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.
21. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Government Tort Claims Act (Government Code sections 900 et seq.).
Newport Aquatic Center Page 10
INSTRUCTIONS FOR INDEPENDENT CONTRACTORS
Prior to submitting your completed contract package to the City, please ensure the
following documents are completed and/or enclosed:
1. Three copies of the signed contract (a completed original contract will be
mailed back for your records after processing)
2. Initial the appropriate statement on Page 3 and Complete Exhibit A as
appropriate.
3. Copy of valid City of Newport Beach Business License; and
4. Initial the appropriate statement on Page 7 and enclosed Evidence of
Insurance (refer to Section 6 of the Contract).
General Liability Insurance Certificate with Additional Insured
Endorsement if not using SCMAF Insurance Plan; Workers Compensation
Coverage; Automobile Insurance Coverage
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:
^62champ
Assistant qvttorney
By
ATTEST:
Leilam Brown, CityBrown, City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By
Laura D eiler, Director
Re tion & Senior Services
OF NEtY$
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PNIA a'
CONTRACTOR: NEWPORT AQUATIC CENTER
By: n
Signature at
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Print Name and Title: lfi6 TT-.�
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Print Name and Title: 4;%•^ &vcr
Attachments: xhibi�natives and/or Employees of Contractor
Newport Aquatic Center Page 11
9
CITY OF NEWPORT BEACH
Direct Deposit — Contract Instructor
NEW O CHANGE O CANCEL Q
AUTHORIZATION AGREEMENT FOR AUTOMATIC DEPOSIT
I authorize the City of Newport Beach to initiate credit entries to my Checking 0 or Savings
amount indicated below. If necessary a debit entry could be made to correct an erroneous credit
and/or overpayment made tomy account
FINANCIAL INSTITUTION - ACCOUNT INFORMATION
This authority is to remain in full force and effect until the Cityof Newport Beach has received written
notification of its termination in such timeand manner to afford the City a reasonable opportunity to
act on it.
Contract
Instructor Vendor
Name IBILX.Y WNITFOCD Number 0
DATE n SIGNATURE
Staple a Voided Check Here