HomeMy WebLinkAboutC-5125 - Service Agreement for Adult Basketball League AdministrationSERVICE AGREEMENT WITH
DARRYL CLARK DBA HANGTIME SPORTS
v
FOR ADULT BASKETBALL LEAGUE ADMINISTRATION
�� THIS §ERVICE AGREEMENT ( "Agreement ") is made and entered into as of this
fa day of P
jpri , 2012 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation and Charter City ( "City "), and DARRYL
CLARK, a sole proprietor doing business as ( "DBA ") HANGTIME SPORTS, a California
Sole Proprietorship ( "Contractor "), whose address is P.O. Box 2138, Carlsbad,
California 92018, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires services related to the administration and operation of its Adult
Basketball Leagues ( "League ").
C. City desires to engage Contractor to administer and operate the City's Adult
Basketball Leagues. ( "Project ").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project, shall be Darryl Clark,
Owner.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOUN, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on May 31, 2015 with two (2) one year extensions, unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference. Contractor shall diligently perform all the
services described in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference (`Services" or "Work "). The City may elect to delete
certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, email, hand - delivery or mail.
4. COMPENSATION
4.1 In accordance with the Scope of Services attached as Exhibit A and the
Billing Rates attached hereto as Exhibit B, and incorporated herein by reference,
Contractor shall collect all resident and non - resident registration fees for the League
that operates four (4) seasons per year. Contractor shall be responsible for all costs
associated with the administration of the League as further described in the Scope of
Services and Billing Rates, including, but not limited to, the compensation of officials,
statisticians and scorekeepers.
4.2 City shall set the League season start dates in collaboration with the
Contractor. Contractor shall submit to the City a roster of teams no later than five
weeks after the commencement of each league season. Contractor shall then remit to
the City a roster of all registered teams and a portion of the collected registration fees in
the amount of one hundred eighty four dollars and 00/100 ($184.00) per registered
team no later than five (5) weeks after the start of each league season.
4.3 Contractor shall be compensated based on the Contractor collected
registration fees for the teams at the rates set by the current City Council adopted Fee
Schedule for resident and non - resident registration fees for adult sport leagues, less the
fee remitted to the City per registered team and all costs incurred by Contractor in the
performance of the Services.
4.3.1 In accordance with City Council Policy F -14, should fees paid to the
Contractor exceed $75,000 during the term of this Agreement, the Department Director
shall provide written notice to the City Manager identifying the program, independent
Contractor and anticipated total fees to be paid. The City Manager shall give written
notice to the City Council should fees paid exceed $120,000.
DARRYL CLARK DBA HANGTIME SPORTS Page 2
4.4 Prior to the commencement of each league year, City may negotiate with
Contractor the fee remitted to the City based on any changes to the City Council
approved Fee Schedule in effect at that time. Amendments to the fee remitted to the
City shall be memorialized by a written document executed by both Contractor and City
and approved as to form by the City Attorney.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Darryl Clark, Owner, to
be its Project Manager. Contractor shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Recreation & Senior Services
Department. Scott Williamson, Recreation Supervisor or his designee, shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuanfto this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Contractor in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide Contractor with gymnasium allocation for all leagues,
including reserving School District facilities, if needed;
7.1.2 Provide the maintenance of all gymnasiums;
7.1.3 Provide first aid supplies at all gymnasiums, including Automated
External Defibrillator (AED) units;
7.1.4 Provide bi- annual AED training for all scorekeepers that are not
currently certified;
DARRYL CLARK DBA HANGTIME SPORTS Page 3
7.1.5 Supply Contractor with all team contact information (including e-
mail addresses and rosters) from the previous year (four seasons); and
7.1.6 Maintain a positive relationship with Contractor which will optimize
the size and effectiveness of the program.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it has the professional and technical personnel
required to perform the Services required by this Agreement. All Services shall be
performed by qualified and experienced sports officials. By delivery of completed Work,
Contractor certifies that the Services conform to the requirements of this Agreement and
all applicable federal, state and local laws.
8.2 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, members, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
DARRYL CLARK DBA HANGTIME SPORTS Page 4
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Services are under the control of Contractor, except to the extent they
are limited by statute, rule or regulation and the express terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees, agents or members, to be the agents or employees of City.
Contractor shall have the responsibility for and control over the means of performing the
Services, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the
scheduling of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Services to be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy with City's
Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Contractor's indemnification of City, and prior to
commencement of Services, 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.
14.2 Proof 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. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
DARRYL CLARK DBA HANGTIME SPORTS Page 5
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.3 Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may
arise from or in connection with the performance of the Work hereunder by Contractor,
his agents, representatives, employees or members. The cost of such insurance shall
be included in Contractor's proposal.
14.4 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.5 Coverage Requirements.
14.5.1 Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000) for Contractor's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code. In
addition, the City of Newport Beach requires current officials, statisticians and
scorekeepers to maintain Liability Insurance coverage of one million dollars
($1,000,000). For those officials without such liability insurance, SCMAF currently
provides a policy with the necessary coverage at a reasonable cost.
14.5.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.5.1.2 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.
14.5.2 General Liability Coverage. Contractor shall maintain commercial
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, including without
limitation, blanket contractual liability.
14.5.3 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
accident.
14.6 Other Insurance Provisions or Requirements. The policies are to contain,
or be endorsed to contain, the following provisions:
DARRYL CLARK DBA HANGTIME SPORTS Page 6
14.6.1 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 and insurance clauses from each of its subcontractors.
14.6.2 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
14.6.3 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.
14.6.4 Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide to 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.
14.7 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.
14.8 Additional 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of the
DARRYL CLARK DBA HANGTIME SPORTS Page 7
Contractor. Assignments of any or all rights, duties or obligations of the Contractor
under this Agreement will be permitted only with the express written consent of City.
Contractor shall not subcontract any portion of the Services to be performed under this
Agreement without the prior written authorization of City.
17. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
18. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided under
this Agreement.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement, any Services,
expenditures and disbursements charged to City and all disbursements paid to City, for
a minimum period of three (3) years, or for any longer period required by law, from the
date of final payment to City under this Agreement. All such records and invoices shall
be clearly identifiable. Contractor shall allow a representative of City to examine, audit
and make transcripts or copies of such records and invoices during regular business
hours. Contractor shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to City under this Agreement. Rosters to be made available during and at end
of contract
20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Services accomplished by
Contractor, the additional expense shall be borne by Contractor. Nothing in this
paragraph is intended to limit City's rights under the law or any other sections of this
Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
DARRYL CLARK DBA HANGTIME SPORTS Page 8
22. CONFLICTS OF INTEREST
22.1 The Contractor or its sub - contractors may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons
to disclose any financial interest that may foreseeably be materially affected by the
Work performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
23. NOTICES
23.1 All notices, demands, requests or approvals 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, or on
the next business day after the sending of an email. All notices, demands, requests or
approvals from Contractor to City shall be addressed to City at:
Attn: Scott Williamson, Recreation Supervisor
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3160
e -mail: swilliamson @newportbeachca.gov
23.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Darryl Clark, Owner
Hangtime Sports
P.O. Box 2138
Carlsbad, CA 92018
Phone: (760) 715 -2377
e -mail: hangtimesports @hotmail.com
24. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Contractor and its members, employees or
representatives, shall be required to file any claim the Contractor may have against the
City in strict conformance with the Tort Claims Act (Government Code sections 900 et
seq.).
DARRYL CLARK DBA HANGTIME SPORTS Page 9
25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
26. STANDARD PROVISIONS
26.1 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
26.2 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.
26.3 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 agreement or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
26.5 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.
DARRYL CLARK DBA HANGTIME SPORTS Page 10
26.6 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.
26.7 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.
26.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court o.ftompetent jurisdiction in the County of
Orange, State of California. �t ,
26.9 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.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two (2) 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]
s -Ar
DARRYL CLARK DBA HANGTIME SPORTS Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date: S /Z
By:
Aaron Harp
City Attorney
ATTEST:
Date: -I
B Y : D6/IIW NYA--,-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: S- a.- 13-
BY:
Lauta Oetweiler, D' a or
Rec4ion & Senior Services Department
CONTRACTOR:, DARRYL CLARK, DBA
HANGTIME SPORTS, a sole proprietor
Date:
Date: 4)[2-
EIN.: 90- 0712728
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Sport League Service Agreement
DARRYL CLARK DBA HANGTIME SPORTS Page 12
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE OF SERVICES: CURRENT LEAGUE STRUCTURE
1.1 Adult basketball leagues shall operate four (4) seasons per year. For the 2012-
2013 season, commencement dates are as follows: Summer (begins June 25,
2012); Fall (begins September 10, 2012); Winter (begins January 7, 2013);
Spring (begins March 25, 2013). For future seasons, commencement dates
shall be provided by City to Contractor;
1.2 Contractor shall facilitate a league that provides for each team playing a
minimum of ten (10) games, not including playoff games;
1.3 Contractor shall conduct games Monday through Thursday (no weekends);
1.4 Game times:
1.4.1 (6 -team leagues) 6:30 PM, 7:30 PM, 8:15 PM; or
1.4.2 (8 -team leagues) 6:15 PM, 7:15 PM, 8:00 PM, 9:00 PM
1.5 City shall allocate four (4) gymnasiums for games to be held: West Newport
Community Center; Ensign Junior High School; Lincoln Sports Center; Newport
Coast Community Center
2. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILITIES /PROVISIONS
2.1 Contractor shall promote, organize and operate the City of Newport Beach
Recreation and Senior Services Department's Adult Basketball Program;
2.2 Contractor shall provide registration flyers and roster documents to all interested
teams;
2.3 Contractor shall organize and schedule all registered teams into leagues;
2.4 Contractor shall propose playoffs within a league schedule as long as each
team plays a minimum of ten (10) games each season;
2.5 Contractor shall organize and schedule all registered teams into leagues, track
statistics, propose a playoff schedule and provide game schedules via an
"ESPN- RISE" — based website that shall be made readily available to all
registered teams;
2.6 Contractor shall, at its own expense, provide awards to all league champions in
all leagues, including one (1) team and separate individual awards to all players
on the winning champion team;
DARRYL CLARK DBA HANGTIME SPORTS Page 13
2.7 Contractor shall provide service to all teams, including telephone customer
service to handle questions and disputes involving all aspects of league
business;
2.8 Contractor shall assign all officials, statisticians and scorekeepers to all games.
Officials, statisticians and scorekeepers shall be required to be adequately
trained and knowledgeable regarding the rules and play of basketball.
Contractor shall provide the City with an annual evaluation report of all assigned
officials and scorekeepers, including the evaluation process as well as
certification and training procedures. Officials, statisticians and scorekeepers
shall be assigned as follows:
2.8.1 Officials: two (2) per game;
2.8.2 Scorekeepers: one (1) per game;
2.8.3 Statistician: one (1) per game.
2.9 Contractor shall ensure that officials, statisticians and scorekeepers arrive at
designated playing site at least ten (10) minutes prior to the scheduled game
start time;
2.10 Contractor shall notify the City's Recreation Supervisor of any problems
regarding the assignment of game schedules, officials, statisticians or
scorekeepers no later than twenty -four (24) hours prior to any scheduled game;
2.11 Contractor shall notify the City's Recreation Supervisor of any incidents at City
facilities in writing within twenty -four (24) hours of occurrence; and
2.12 Contractor shall be provided keys and are expected to lock up the following
facilities: West Newport Community Center, Lincoln School Gym, and Ensign
School Gym.
2.13 Contractor may organize additional basketball tournaments above and beyond
the games called for in the Scope of Services. These tournaments must be
authorized by the City prior to commencement and compensation terms shall be
negotiable between Contractor and City.
DARRYL CLARK DBA HANGTIME SPORTS Page 14
EXHIBIT B
SCHEDULE OF BILLING RATES
1.1 Contractor shall collect all registration fees from all registered teams.
Registration Fees are mandated by the City and shall be assessed as follows:
1.1.1 $690 per team (residents);
1.1.2 $740 per team (non- residents);
1.1.3 Residency and non - residency status is determined only by the address
of the sole payee of each individual team; the entire team does not
need to consist of City of Newport Beach residents for the team to
qualify for the resident rate, merely the payee;
1.1.4 Contractor shall remit to City an amount equal to One Hundred Eighty
Four Dollars and 001100 ($184.00) per team registered in adult
basketball leagues.
1.1.5 Contractor shall remit payment due to the City for all teams within five
(5) weeks after the commencement of each league season.
1.1.6 Prior to the commencement of each league year, City reserves the
right to enter into negotiations with Contractor regarding changes in
registration fees due by resident and non - resident teams and the
amount remitted to the City per registered team. Any changes in
registration fees or amounts remitted to the City shall be mutually
agreed upon by City and Contractor.
1.2 Contractor shall provide payment to all assigned officials, statisticians and
scorekeepers. The rate paid is mandated by the City and shall be set as
follows:
1.2.1 Officials: $28 per game;
1.2.2 Scorekeepers: $17 per game;
1.2.3 Statistician: $14 per game;
1.2.4 City and Contractor mutually reserve the right to modify the rate paid
per game to officials, statisticians and scorekeepers.
DARRYL CLARK DBA HANGTIME SPORTS Page 15