HomeMy WebLinkAboutC-8125-1 - Independent Contractor Agreement Recreation InstructorMay 8, 2017
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Wesam Jriesat
DBA Beach City Sports
2402 Delaware Street, Unit 1o6
Huntington Beach, CA 92648
SammyJ(@Beachgiiysports.com
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
Laura Detweiler, Director
949 644-3157 1 949 644-3155 FAX
Idetweiler@newportbeachca.gov
RE: Termination of Beach City Sports Independent Contractor Agreement
(C-8125-1)
Dear Mr. Jriesat:
Pursuant to Section 15 of the Independent Contractor Agreement dated July 1, 2016 between
the City of Newport Beach ("City") and Wesam Jriesat, a sole proprietor doing business as
Beach City Sports (the "Agreement"), please consider this correspondence the City's written
notice of termination. The effective date of termination is May 12, 2017. Please deliver all
final unpaid invoices for services rendered to the City thru May 12, 2017.
Thank you for your assistance lA ith this matter.
Sincerely,
Laura Detweiler
Director
INDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
1
This Independent Contractor Agreement ("Agreement') is made and entered into
as of this 1st day of July, 2016 ("Effective Date') by and between the City of Newport
LJ Beach, a California municipal corporation and charter city ("City"), and WESAM
JRIESAT, a sole proprietor doing business as ("DBA") BEACH CITY SPORTS
("Contractor'), to provide the classes or programs in ADULT SPORTS ("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, 2017, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 In accordance with the Scope of Services attached as Exhibit A
incorporated herein by reference, Contractor shall collect all resident and
non-resident registration fees, when applicable, for the program that
operates four (4) seasons per year. Contractor shall be responsible for all
costs associated with the administration of the Program as further
described in the Scope of Services attached hereto as Exhibit A.
2.2 Contractor shall set the Program session start dates in collaboration with
the City. Contractor shall submit to the City a roster of participants no later
than four (4) weeks after the commencement of each Program season.
For league play on sand fields and courts, Contractor shall remit twenty-
five percent (25%) of the collected registration fees to City, less the
materials fee, no later than four (4) weeks after the start of each Program
season. For league play on athletic fields with lights, Contractor shall
remit thirty percent (30%) of the collected registration fees to City, minus
the materials fee and non-resident fee, and Ten Dollars and 00/100
($10.00) per non-resident enrolled, no later than four (4) weeks after the
start of each Program season.
2.3 Contractor may charge an additional materials fee for league registration
of up to Twenty -Five Dollars and 00/100 ($25.00) for jerseys, registration
transaction fees and website administrative related expenses only. Any
materials fee must be approved in advance by City and must be collected
by Contractor at time of registration.
3. DUTIES OF CITY
3.1 Publicit . City shall provide publicity for the Program 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 Program 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.
3.2 Program Facility. City shall provide a location for the Program without
charging Contractor any rental fees, unless otherwise agreed in writing by
the parties. Contractor will request dates and times for the Programs 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 Programs without receiving date/time requests from
Contractor. City facilities shall only be used for Programs authorized by
the City under this Agreement.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively "Representative" or
"Representatives") who will be administering the Program or assisting in
administering the Program 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 Program 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(s) as contemplated by this Agreement. Contractor
and any Representative(s) shall perform the duties in accordance with the
Scope of Services attached hereto as Exhibit A.
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 B 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 that Contractor desires to
WESAM JRIESAT DBA BEACH CITY SPORTS Page 2
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.
4.3 Please initial the statement that applies:
/I will not be using Representatives.
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.
4.4 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. Any assignment in violation of this section shall be null and
void.
4.5 Supplies/Equipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity
desired for the Program, at Contractor's sole expense. Contractor shall
also be responsible for providing, repairing, and maintaining all equipment
and supplies needed for the Program in good working condition.
4.6 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.
4.7 Program Size. Contractor shall determine the minimum and maximum
number of participants required for each Program to ensure the quality
and safety of the Program participants. Contractor or Representative is
required to attend the first Program meeting of all Program offerings
advertised in the Newport Navigator and/or OASIS News unless
Contractor cancels the Program at least three (3) City business days prior
to the first Program date, with the prior written approval of City. In the
event of such approved cancellation, Contractor shall be responsible for
informing all registered participants and refunding all registration fees to all
WESAM JRIESAT DBA BEACH CITY SPORTS Page 3
registered participants. In the event that the minimum number of
participants is not met by the first Program meeting, the Program shall be
canceled and Contractor shall not be compensated for attending the first
meeting or for any canceled Program. Contractor shall not be obligated to
provide any additional services in regards to the canceled Program. If the
minimum number of participants is met or exceeded, the Program shall be
held as scheduled (even if any of the initial participants subsequently drop
the Program), subject to Section 15 of this Agreement. If the demand is
such that an additional Program could be offered, it shall be taken under
consideration and negotiated between City and Contractor. If Program(s)
are canceled for two (2) consecutive quarters due to lack of enrollment,
the Program will not be scheduled again until City determines that public
demand has increased.
4.8 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the Program. In the event of illness,
Contractor is required to notify City and participants at least twelve (12)
hours prior to any Program cancellation.
4.8.1 City urges Contractor to get a substitute Representative whenever
possible instead of canceling Programs. 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 and must have an authorized 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 Meeting with Recreation & Senior Services. Contractor shall
attend meetings with the Recreation Sports Supervisor or his or her
designee when requested and maintain an open and regular dialogue with
the City and the Recreation Sports Supervisor or his or her designee
regarding Program matters.
4.11 Other Requirements. Contractor shall:
4.11.1 Cooperate fully with all reasonable requests from City staff;
4.11.2 Maintain the highest degree of participant safety possible;
4.11.3 Iniuries or Damages. Immediately report to City's Project
Administrator named in Section 5 below, by phone or email, any
injuries as a result of Program participation, damages to the City
or Program facility that could cause potential injury to a Program
participant, and/or other needed maintenance repairs;
WESAM JRIESAT DBA BEACH CITY SPORTS Page 4
4.11.4 Clear all participants from the designated Program area at the
end of Program 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;
4.11.5 Ensure that any music or sound system is kept at levels that will
not interfere with other City programs or create a public
disturbance/nuisance;
4.11.6 Complete and return via email, by the date set forth by City's
Project Administrator, the quarterly "Contract Program Schedule"
if Contractor wishes to be a part of City's marketing materials;
4.11.7 Know facility rules and regulations and provide pertinent
information (e.g., refund policy) to participants;
4.11.8 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.11.9 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.
4.12 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 or Representative
Photo ID Badge. Contractor Photo ID Badges are distributed upon
execution or renewal of the Agreement with City.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. City's Recreation Manager, 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.
WESAM JRIESAT DBA BEACH CITY SPORTS Page 5
6.1 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn.: Sports Supervisor
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3151
Email: sports@newportbeachca.gov
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 C, attached hereto and incorporated by reference. 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 Programs. 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 Programs, Contractor shall obtain, provide and maintain at its own expense during
the 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 C.
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 Program. 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
WESAM JRIESAT DBA BEACH CITY SPORTS Page 6
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 Programs involving participants age seventeen (17) years
or younger ("minors") must be taught in an open atmosphere where
parents and guardians are able to observe Program instruction, if so
desired. At no time may the parent or guardian of a minor be denied
access to a Program.
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 Program 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 Program 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 Program rosters, Program
participant addresses and contact information shall be used by Contractor solely for
administration of Programs 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.
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 Program site or participants, in any publicity pertaining to Contractor's services or
Program 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.
WESAM JRIESAT DBA BEACH CITY SPORTS Page 7
13. 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 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 and any person or entity owning or otherwise in legal
control of the property upon which Contractor performs the Class or Program
contemplated hereunder ("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.
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 Programs that were actually taught by Contractor, if any, up to
the effective date of termination.
WESAM JRIESAT DBA BEACH CITY SPORTS Page 8
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 of 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 or
incorporated herein, 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
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.
WESAM JRIESAT DBA BEACH CITY SPORTS Page 9
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 (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]
WESAM JRIESAT DBA BEACH CITY SPORTS Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: A,.��
Date: {'l
By: , Wv-��
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Services Director
CONTRACTOR: WESAM JRIESAT, a sole proprietor doing business as ("DBA")
BEACH CITY SPORTS
` _va- 6 Wrsw,.a 'SR.�i�� (1w FNfiyt
Signature Date Print Name Print Title
Signature
Attachments:
Date Print Name
[END OF SIGNATURES]
Exhibit A
— Scope of Services
Exhibit B
— Representative Approval Form
Exhibit C
— Insurance Information
Print Title
WESAM JRIESAT DBA BEACH CITY SPORTS Page 11
EXHIBIT A
SCOPE OF SERVICES
1. PROGRAM STRUCTURE:
1.1 Contractor shall operate up to four (4) seasons of adult league play per
year. Commencement dates are as follows:
1.1.1 Spring: June -August
1.1.2 Summer: September- November
1.1.3 Fall: December- February
1.1.4 Winter: March -May
1.2 Contractor shall facilitate league play that allows each team to play at
least seven (7) games, not including playoff games.
time:
1.3 Adult league games shall start within the range of the following blocks of
1.3.1 Weekday Programs - 6:15 p.m. to 9:30 p.m.
1.3.2 Weekend Programs— 10:00 a.m. to 4:00 p.m.
1.4 Adult League Play on Sand Fields and Courts
1.4.1 City shall allocate location on the beach immediately west of the
Balboa Pier, between Adams St and Medina Way.
time.
Summer.
1.4.2 Contractor shall not restrict public access to the beach at any
1.4.3 League play is not permitted to operate on weekends during the
1.4.4 Days of play must be approved by Recreation Supervisor
1.5 Adult League Play on Athletic Fields with Lights
1.5.1 City shall allocate location on the synthetic turf fields at Bonita
Creek Park
1.5.2 Contractor shall monitor use and administer rules to all program
participants and spectators in the Recreation & Senior Service's Youth Sports
Commission: Member Requirements & Field Allocation & Use Policy related to:
(a) Field Maintenance and Modifications
(b) Athletic Field Lining and Marking
WESAM JRIESAT DBA BEACH CITY SPORTS Page A-1
(c) Rules and Regulations of Field Use
(d) Synthetic Turf Rules and Regulations
(e) Traffic and Parking
(f) Public Address System Use
(g) Storage and/or Concessions
1.5.3 Contractor shall not restrict public access to the park at any time.
1.5.4 League play is permitted on weekdays only.
1.5.5 All league related activities, including clean-up, must conclude by
10:30 p.m.
1.5.6 Recreation Supervisor, or designated staff, shall schedule lights
based on the schedule submitted by the Contractor
2. CONTRACTOR RESPONSIBILITIES / PROVISIONS
2.1 Contractor shall promote, organize and operate the City of Newport Beach
Recreation & Senior Services Department's adult league play for the following sports:
• Flag Football on sand and athletic fields with lights
• Soccer on sand fields only
• Volleyball on sand courts only
2.2 Contractor, designated representatives and staff shall cooperate fully with
the City's staff, including meeting with the Recreation Supervisor or designated staff,
when requested, and maintaining an open and regular dialogue with the City and the
Recreation Supervisor or designated staff, regarding Program matters.
2.3 Contractor shall promote the Program and provide additional marketing
materials and distribution efforts including but not limited to flyers, banners, email
marketing and distribution management systems.
2.4 Contractor, at their own expense, shall provide online player registration
software and access to enrollment, team rosters, and schedules to Recreation
Supervisor or designated staff. Contractor registration form must include liability waiver
language designated by the City of Newport Beach
2.5 Contractor shall provide service to all teams including telephone customer
service to handle questions and disputes involving all aspects of Program business.
2.6 Contractor shall organize and schedule all registered individuals and
teams, track statistics, propose a playoff schedule, provide game schedules via
Contractor's website that shall be made readily available to all registered teams.
WESAM JRIESAT DBA BEACH CITY SPORTS Page A-2
Contractor shall also provide each participant with a t -shirt when materials fee is applied
to the registration fee.
2.7 Contractor shall submit the game schedule for all league play to
Recreation Supervisor or designated staff, at least one (1) week prior to the start of
each season. Contractor is responsible for submitting any schedule revisions within
twenty-four (24) hours of changes.
2.8 Contractor shall assign all officials, statisticians and scorekeepers ("Staff')
to all games. Staff shall be required to be adequately trained and knowledgeable
regarding the rules and play of each sport they are assigned to officiate.
2.9 Contractor shall ensure that Staff arrive at designated playing area at least
ten (10) minutes prior to the scheduled game start time.
2.10 Contractor shall be responsible for all field preparation and clean up
related to game play. Field layouts must be approved in advance by Recreation
Supervisor or designated staff.
2.11 Contractor shall be responsible for communicating all game related
cancellations to Staff and program participants including but not limited to forfeits,
maintenance and weather related field closures and inadequate staffing.
2.12 Contractor shall notify Recreation Supervisor or designated staff, of any
problems regarding the assignment of game schedules, and notify Officials no later than
twenty-four (24) hours prior to any scheduled game.
2.13 Contractor shall notify Recreation Supervisor or designated staff, of any
on-site incidents, including but not limited to game -related injuries, disputes, and
ejections, in writing within twenty-four (24) hours of occurrence.
WESAM JRIESAT DBA BEACH CITY SPORTS Page A-3
EXHIBIT B
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME: P. CkCl/N L.1 S PO -id S
REPRESENTATIVE: NAME: W C 4; -✓ i 50�
SIGNATURE OF REPRESENTATIVE: ' DATE-) - 06- 16
CITY USE ONLY
CONTRACT#
FINGERPRINTS:
O YES
NO
BACKGROUND:
O YES
NO
CLEARED
CLEARED TO
O YES
NO
WORK
PHOTO TAKEN: O YES
D NO
CONTRACTOR O YES
O NO
NOTIFIED BY EMAIL
WESAM JRIESAT DBA BEACH CITY SPORTS Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS
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.
2. 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 Program VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City Risk Manager.
3. Coverage Requirements.
3.1 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.
3.1.1 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, representatives, the
City Council, boards and commissions, and any person or entity
owning or otherwise in legal control of the property upon which
Contractor performs the Class or Program.
3.1.2 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.
3.2 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.
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3.2.1 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
Federation ("SCMAF") or providing its own coverage. If Contractor
elects to obtain its own coverage, said coverage must be as
outlined in this Exhibit.
3.2.2 Please 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.
3.3 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.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
4.1 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, employees, agents,
volunteers, representatives, the City Council, boards and commissions,
and any person or entity owning or otherwise in legal control of the
property upon which Contractor performs the Class or Program 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.
4.2 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
WESAM JRIESAT DBA BEACH CITY SPORTS Page C-2
its elected and appointed officers, employees, agents, volunteers,
representatives, the City Council, boards and commissions, and any
person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Class or Program shall be included as
insureds under such policies.
4.3 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.
4.4 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.
4.5 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.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
5.1 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 any time.
5.2 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.
5.3 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.
5.4 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
WESAM JRIESAT DBA BEACH CITY SPORTS Page C-3
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.
5.5 Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
5.6 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.
5.7 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.
5.8 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.
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