HomeMy WebLinkAboutC-5714 - Sports Official Agreement7
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RECREATION &SENIOR SERVICES DEPARTMENT
SPORTS OFFICIAL AGREEMENT
This SPORTS OFFICIAL AGREEMENT ( "Agreement ") is made and entered into
as of this 13th day of September, 2013 by and between the City of Newport Beach, a
California municipal corporation and charter city ( "City "), and LAWRENCE SHIELD, an
Independent Contractor skilled as a Flag Football Referee, and /or Softball Umpire
( "Sports Official ") for officiating, scoring and timing services at scheduled City youth
football and adult softball games to be agreed upon.
parties as follows:
11940JA
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2014 unless terminated earlier as provided herein.
2. COMPENSATION
A. Youth Flag Football Referee
City shall pay Sports Official when serving as a Youth Flag Football Referee twenty -
five dollars and 00 /100 ($25.00) for each complete game.
City shall pay Sports Official when serving as a Youth Flag Football Referee twenty -
five dollars and 00/100 ($25.00) for each time that City fails to provide Sports Official
at least twenty -four (24) hours notice of a game's cancellation of forfeiture.
Exception to this rule is that the Sports Official shall be paid for one (1) game if
cancellation on any given date is due to rain or field conditions and Sports Official
appeared at the game site as scheduled.
Sports Official shall pay City twenty -five dollars and 00/100 ($25.00) for each game
that Sports Official fails to provide at least twenty -four (24) hours notice to the City's
Assistant Sports Coordinator or Recreation Supervisor of any absence; unless
Sports Official obtained approval to use a substitute from the City's Flag Football
Official's List.
B. Softball Umpire
City shall pay Sports Official when serving as a Softball Umpire thirty dollars and
001100 ($30.00) for each complete game.
City shall pay Sports Official when serving as a Softball Umpire thirty dollars and
00/100 ($30.00) for each time that City fails to provide Sports Official at least twenty -
four (24) hours notice of a game's cancellation or forfeiture. Exception to this rule is
that the Sports Official shall be paid for one game if cancellation on any given date is
due to rain or field conditions and Sports Official appeared at the game site as
scheduled.
Sports Official shall pay the City thirty dollars and 001100 ($30.00) for each game
that Sports Official fails to provide at least twenty -four (24) hours notice to the City's
Assistant Sports Coordinator or Recreation Supervisor of any absence; unless
Sports Official obtained approval to use a substitute from the City's Softball Umpire's
List.
3. DUTIES OF CITY
A. Registration. City shall register all participants for City Youth Football and Adult
Softball Leagues and collect all enrollment fees.
B. Facility. City shall provide a game site for football and softball games. City shall
also provide all necessary utilities.
4. SPORTS OFFICIAL'S DUTIES
A. Specific Duties
Youth Football Referee. Responsible for a number of administrative actions that
include the game clock, the score, the safety of players on the field and any
possible elimination of players, which can occur for a variety of reasons. The
Sports Official must ensure that the game runs smoothly, and this encompasses
a variety of different responsibilities, from calling the game to player and
spectator management. They also carry a duty of care to the players they
officiate, and to ensure that the court and all equipment used is in a safe and
usable condition. Should there be an issue that inhibits the safe playing of the
game; it is the job of the Sports Official to rectify the problem.
Softball Umpire. Responsible for the control of the time and progress of athletic
event, enforce rules and regulations during play, and impose penalties
(ejections /suspensions) on teams or players when necessary. Softball Sports
Officials shall work independently, unless specified otherwise by the Recreation
Supervisor. Should there be an issue that inhibits the safe playing of the game; it
is the responsibility of the umpire to rectify the problem.
B. Anti - Discrimination Laws
Sports Official 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, or any other
impermissible basis under law, be excluded from participation in or be denied the
LAWRENCE SHIELD Page 2
benefits of the services provided pursuant to this Agreement, and Sports Official
agrees not to discriminate on said grounds in the hiring and retention of
employees and Sports Official, unless authorized under Section 12940 of the
California Government Code. Sports Official shall, where applicable, conform to
the requirements of the Americans with Disabilities Act in the performance of this
Agreement.
C. Contact Information. Sports Official 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.
D. Other Requirements
Sports Official shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office of
any injuries.
iv. Immediately report to the Recreation & Senior Services Office any
damage to gymnasium or field that could cause potential injury to a
league participant, or other needed maintenance repairs.
V. Clear all participants from the designated area at the end of game
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.
ix. Close and secure the gym or building, if applicable, at the end of
each sporting event.
X. Turn off any lights, heat, air conditioning, or other utilities when last
game is finished.
xiii. Know facility rules and regulations and provide pertinent
information.
xv. Abide by all City policies and procedures.
E. Direct Deposit. Sports Officials is required to use direct deposit for
payments made from the City pursuant to this Agreement.
F. Email. Sports Official is required to provide City with a current email
address.
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under
this Agreement; Sports Official shall act as an Independent Contractor and shall not be
considered an agent or employee of City. As such, Sports Official shall have the sole
legal responsibility to remit all federal and state income and social security taxes and to
LAWRENCE SHIELD Page 3
provide for his/her own workers compensation and unemployment insurance and that of
his /her employees or representative. Sports Official 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 Sports Official other than as provided
herein. City reserves the right to employ other independent contractors and Sports
Officials who perform the same services. City shall provide Sports Official with IRS
Form 1090 or other applicable IRS forms at the end of the calendar year for all
compensation paid to Sports Official by City.
6. INSURANCE
A. General Liability Insurance. Sports Official must provide and maintain at
all times general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and
property damage. The policy shall carry a general liability special
endorsement naming the City of Newport Beach, its elected or appointed
officers, employees, agents and volunteers as additional named insured in
the amount of One Million Dollars ($1,000,000) per occurrence. Evidence
of insurance certificate shall be sent to the Recreation & Senior Services
Department and must be approved by the City Risk Manager or designee
prior to the first Class /day of instruction.
Sports Official shall have the option of purchasing coverage
through the City of Newport Beach's Special Event insurance
program, or through Southern California Municipal Athletic
Federation ( "SCMAF ") or providing its own coverage. If a Sports
Official elects to obtain its 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).
ii. Sports Official's insurance coverage shall be primary insurance
and /or primary source of recovery with respect to City, its elected or
appointed officers, agents, officials, employees and volunteers with
respect to all claims, losses or liability arising directly or indirectly
from Sports Official's operations or Service provided to City. Any
insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of Sports Official's
insurance and shall not contribute with it.
iii. Said policy must also provide a written thirty (30) day notice of
cancellation, or 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,
Newport Beach, CA 92658.
LAWRENCE SHIELD Page 4
B. Workers' Compensation Insurance. By executing this Agreement, Sports
Official certifies that Sports Official 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. Sports Official
shall carry the insurance or provide for self- insurance required by
California law to protect said Sports Official from claims under the
Workers' Compensation Act.
i. The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation
against City, its elected or appointed officers, agents, officials,
employees and volunteers. Sports Official shall submit to City,
along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
ii. In the event Sports Official has no employees requiring Sports
Official to provide Workers' Compensation insurance, Sports
Official shall so certify to City in writing prior to City's execution of
this Agreement.
C. Automobile Liability Coverage. Sports Official shall maintain automobile
insurance covering bodily injury and property damage for all activities of
Sports Official 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
City's Risk Manager or his /her designee.
D. Please initial the statement that applies:
Sports Official shall provide a copy of the General Liability Insurance
with Additional Insured Endorsement that meets the above
requirements.
Sports Official shall utilize City- provided insurance through Southern
California Municipal Athletic Federation ( "SCMAF ") and will pay all
required fees billed on a yearly basis by City. Please note that SCMAF
does not provide coverage for Worker's Compensation or Automobile
Insurance Liability.
7. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
Sports Official 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 taking an
assignment. Sports Officials are required to submit fees to the City of Newport Beach,
Recreation & Senior Services Department, to cover all costs associated with
LAWRENCE SHIELD Page 5
fingerprinting through the City of Newport Beach Police Department and the Department
of Justice. Fingerprints are required to be updated every five (5) years. This
requirement is mandatory.
8. INDEMNIFICATION
To the fullest extent permitted by law, Sports Official 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,
attorneys' 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, Sport Official's presence or activities conducted on the games
(including the negligent and /or willful acts, errors and/or omissions of Sports Official, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require the Sports
Official 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 attorneys' fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims 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 Sports Official.
9. 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 Sports
Official. In the event of termination under this Section, City shall pay Sports Official for
any games attended, if any, up to the effective date of termination, and Sports Official
shall pay City for each game that Sports Official fails to provide at least twenty -four (24)
hours notice to the City's Assistant Sports Coordinator or Supervisor of any absence, if
any; unless Sports Official obtained approval to use a substitute from the City's Softball
Umpire's List.
10. 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
LAWRENCE SHIELD Page 6
the third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Sports Official to City shall be
addressed to City at:
Attn.: Recreation Supervisor
Recreation and Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3151
All notices, demands, requests or approvals from City to Sports Official shall be
addressed to Sports Official at the contact information provided on page 8 of this
Agreement.
11. STANDARD PROVISIONS
A. Compliance with all Laws. Sports Official 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.
B. 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.
C. 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 contracts of whatsoever kind or nature are
merged herein. No verbal contract or implied covenant shall be held to vary the
provisions herein.
D. Amendments. This Agreement may be modified or amended only by a written
document executed by both Sports Official and City and approved as to form by
the City Attorney.
E. Effect of Contractor's Execution. Execution of this Contract by Sports Official
is a representation that Sports Official has visited the game sites, has become
familiar with the local conditions under which the work is to be performed, and
has taken into consideration these factors in submitting its proposal.
F. Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this
LAWRENCE SHIELD Page 7
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
G. Notice of Claims. Unless a shorter time is specified elsewhere in this
Agreement, before making its final request for payment under the Agreement,
Sports Official shall submit to City, in writing, all claims for compensation under
or arising out of this Agreement. Sport Official'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 Sports
Official in writing as unsettled at the time of its final request for payment. The
Sports Official and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Sports Official shall be required to
file any claim the Contractor may have against the City in strict conformance with
the Government Claims Act (Govt. Code §§ 900 et seq.).
H. 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.
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.
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 (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
LAWRENCE SHIELD Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE A California munici al corporation
Date: I��$'Iq Date:�•aH •t�
By 1AAA4 hyu&N4 r By: c,,.f 93
Aaron C. H rp L ra Detwe , Director
City Attorney R reation & Sbnior Services
SEW PORT
ATTEST: p�
Date: l3ll
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By.
Leilani I. 8fown
City Clerk
INDEPENDENT CONTRACTOR: Sports
Official
Date:
By: "%M�; -Wd
LAWRENCE SHIELD
LAvP rNcc. Swou%u) Serving as: SOVTU��
Sports Official Name TVDe of Official
LAWRENCE SHIELD Page 9
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to
the Workers' Compensation Laws of the State of California.
Executed on this day of JRhP , 2013, at,.. �*c California,
"4we* ,off
LAWRENCE S /HIIEELD
LAWRENCE SHIELD Page 10
ACORae CERTIFICATE OF LIABILITY INSURANCE
DATE 1/28/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
License NOE67789
Bene -Marc Athletic Insurance Agency
6301 Southwest Blvd, Suite 101
=TV CT Bene-Marc, Inc
PHONE
817 �; (817)738-1811
ka)ben99
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GENERALLIABILITY
Fort Worth, TX 76132
INSURERS AFFORDING COVERAGE
NAICO
INSURERA: Atlantic Specialty Insurance Company
EACH OCCURRENCE
INSURED
INSURER a: AXIS Global Accident & Health
$ t00,000.00
INSURERC:
COMMERCIAL GENERAL LIARLITY
Southern California Municipal Athletic Federation
INSURER 0:
PO Box 3605,
South El Monte, CA 91733
INSURER E:
INSURER F:
X
COVERAGES CERTIFICATE NUMBER: Cert N: 9066- 28219 - 192642.0 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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POLICY NUMBER
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EACH OCCURRENCE
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COMMERCIAL GENERAL LIARLITY
CLAIMS -MADE K OCCUR
X
MED EXP one arson
$ 5,000.00
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$ 1,000,000.00
X INCLUDES Participant
CP03257 -02
12/31/20
Legal Liability
GENERAL AGGREGATE
$ 2,000,000.00
12:01 am
12:01 am
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 7.000.000.00
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AUTOMOBILE
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$
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AUTOS AUTOS
HIREDAUTOS X NNOJNN SWNED
_ CP03257 -02
12!31/2013
2!31/2014
BODILY INJURY (Per sedder!)
$
Pora�weR DAMAGE
$
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12:01 am
12:01 em
UMBRELLA LIAB
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$
AGGREGATE
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EXCESS LIAR
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E.L. DISEASE - POLICY LIMIT
$
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Participants Excess Accident
SRPO -50256 -243
12/31/2013
12/31!2014
Medical Limit $15,000.00
12:01 am
12:01 am
Deductible $500.00
DESCRIPTION OF OPERATIONS / LOCATON3l VEHICLES (AKaab ACORD tai, AddMonal RamaMS SahaduM, H mere space la mgWred)
Certificate Holder is named as Add'I Insured as respects to the Operations 0f the named Insured.
Covered Activities: Official for SCMAF Sanctioned Events.
Additional Insured Includes: The City of Torrance, the City Council and each member thereof, members of boards and commissions,
every officer, agent, official, employee and volunteer must be named as additional insured under the automobile and general liability
policies.
CERTIFICATE HOLDER CANCELLATION
Cent N: 9066- 28219- 192642 -0
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE
WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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P.D. Box 1571
AUTNORIZED REPRESENTAD., �ftVKW
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Tustin,
O 1988.2010 ACORD CORPORATION. All rights reserved.
ACORO 26 (2010/05) The ACORD name and logo are registered marks of ACORD
Policy No. CP03257 -02 COMMERCIAL GENERAL LIABILITY
CG 20 1110196
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises (Part Leased to You): Lawrence P. shield
P.O. Box 11571
Tustln, CA 92781
2. Name of Person or Organization (Additional Insured): The City of Torrance, The City Council and each member
thereof, members of boards and commisslons, every officer, agent, official,
employee and volunteer must be named as addlflonal Insured under the
automobile and general llabllity policies.
3. Additional Premium: Included
(If no entry appears above, the information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the
premises leased to you and shown in the Schedule and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or
organization shown in the Schedule
CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1
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