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HomeMy WebLinkAboutSan Diego Sports Officials; 2025-07-22; Page 1 City Attorney Approved Version 5/30/2025 AGREEMENT FOR ADULT SOFTBALL OFFICIATING SERVICES SAN DIEGO SPORTS OFFICIALS THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and San Diego Sports Officials, a non-profit organization, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in adult softball officiating. B. Contractor has the necessary experience in providing professional services and advice related to adult softball officiating. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for two(2) additional two (2) year(s)or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirteen thousand dollars ($13,000) per agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed thirteen thousand dollars ($13,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F July ("Agreement") 25 Agreement's terms and conditions. 22nd Exhibit "A" Page 2 City Attorney Approved Version 5/30/2025 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or ction, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F subcontractor of Contractor for work done under this Agreement. At City's ele If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of performance as a "design professional" (as that term is defined under 's 's indemnification obligation shall be limited to claims that upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability Page 3 City Attorney Approved Version 5/30/2025 fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or -program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR Approved Surplus Line Insurers OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F for such claim, including the cost to defend, shall not exceed Contractor's proportionate percentage of on behalf of an injured employee under City's self administered workers' compensation connection with performance of the services by Contractor or Contractor's with a surplus line insurer on the State of California's List of (LASLI} with a rating in the latest Best's Key Rating Guide of at least "A:X"; _________________ Insurance written on an "occurrence" basis, ________ Errors and omissions liability appropriate to Contractor's profession Page 4 City Attorney Approved Version 5/30/2025 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will records. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F have the right to make one (1) copy of the work product for Contractor's Page 5 City Attorney Approved Version 5/30/2025 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Kevin Gohres Name Paul Packard Title Recreation Area Manager Title Project Manager Dept Parks & Recreation Address 1805 Oak Ave. CITY OF CARLSBAD CARLSBAD, CA 92008 Address 3420 Camino De Los Coches Phone 760-492-4255 Carlsbad, CA 92009 Email paul@sdso.net Phone 442-339-5024 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes No If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F □ City Attorney Approved Version 5/30/2025 Page 6 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS -duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION, HARASSMENT, AND RETALIATIONPROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light City Attorney Approved Version 5/30/2025 Page 7 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F City Attorney Approved Version 5/30/2025 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California San Diego Sports Officials, a non-profit organization By: By: Parks & Recreation Director (sign here) P l Packard, President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk N/A Single Signer (sign here)By: Deputy / Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney Docusign Envelope ID: F8D6C8DA-7A38-4232-A822-385E0F8D420F 17th July 25 au City Attorney Approved Version 5/30/2025 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE 1. The Contractor is responsible for providing umpires in accordance with league schedules provided by City staff. One umpire will be assigned to each game. The league director will have access to the umpire assignment platform, Arbiter, to review the weekly umpire schedule. 2. The City agrees to compensate the Contractor at a rate of $6.00 per game for umpire assignment services. If an umpire fails to appear, no assignment fee will be paid for that game. The Contractor is required to invoice the City monthly, with total assignment-related fees not to exceed $13,000.00 annually. 3. Umpires are required to arrive at least 15 minutes before the start of the first scheduled game and must wear the appropriate uniform for officiating adult softball. Umpires are responsible for their own transportation to and from the assigned field locations within Carlsbad. 4. All services must comply with applicable laws, City ordinances, and Parks & Recreation Department rules. Additionally, umpires must enforce both ASA/USA Softball rules and the City of Carlsbad's House Rules for adult softball leagues. 5. The Contractor may be required to attend meetings as deemed necessary by the City. 6. Any incident or injury occurring during league activities must be reported to the City in writing within 24 hours. 7. Umpire responsibilities include: Set up field of play including bases and home plate extension Retrieve bases and home plate extension after all games and store in appropriate storage facility Maintain an orderly storage facility Dress appropriately to maintain a respectful image Provide City issued softballs Maintain accurate scores Display score by City issued flip a score unit Email or text scores before 9 am the next morning Report safety issues via an email to City league director by 9 am the next morning Report forfeit game by 9 am the next morning 8. Each team is responsible for paying the umpire directly **$30.00 in cash per team per game **prior to the start of the game. If a team fails to pay, the Contractor may cancel the game and must notify the City. The City reserves the right, but is not obligated, to suspend non-paying teams from league play. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F • • • • • • • • • • City Attorney Approved Version 5/30/2025 Page 10 9. Games must not begin if either team does not have the minimum number of players as defined in the League Rule Manual. If a game is mistakenly started in violation of this rule, the Contractor must refund any game fees collected. 10. In the case of a forfeit, the team present does not pay the umpire. Instead, the City will bill the forfeiting team $60.00, and the Contractor may then invoice the City for payment of that game on a monthly basis. 11. Should a game be canceled after it has started (due to weather or other circumstances), no refunds will be issued. 12. If a game protest arises due to an umpire's rule misinterpretation, the Contractor must submit a written report to the City by the following day. Docusign Envelope ID: F8D6C8DA-7A3B-4232-A822-385E0F8D420F CERTIFICATE OF EXEMPTION I, , am the [insert name][title] of . I hereby certify that [name of company] [name of company] liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] [Name] [Title and name of company or corporation] Docusign Envelope ID: F8D6C8DA-7A38-4232-A822-385E0F8D420F WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Pau I Packard President San Diego Sports Officials San Diego Sports Officials has no employees and is not required by law to maintain workers' compensation or employers' San Diego Sports Officials Adult Sports Officials then workers' compensation and employers' liability insurance will be obtained. Paul Packard San Diego Sports Officials SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 06/20/2025 Aloha West Insurance 4225 Oceanside Blvd. Suite H # 368 Oceanside CA 92056 Kelly Dirk (760) 547-2626 (760) 547-2627 kelly@alohawestinsurance.com San Diego Sports Officials 1805 Oak Ave Carlsbad CA 92008 MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY A Y N MP000401400139003 04/15/2025 04/15/2026 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Additional Insured: The City of Carlsbad is named as additional insured with respects to the written contract. The City of Carlsbad 3209 Harding St Carlsbad, CA 92008 ACORD® I ~ I X D [ZJ ~ ~ P9 □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ Mesa Underwriters Specialty Insurance Company COVERAGE PARTS AFFECTED SAN DIEGO SPORTS OFFICIALS Amwins Access Insurance Services, LLC - San Diego, CA COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE 001 MP000401400139003 07/15/2025 04014 CHANGES Additional Premium Total Premium Adjustment: Additional Comments: Return Premium No Premium Change $50.00 X IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $50.00, IT IS HEREBY AGREED THAT THE FOLLOWING CHANGE IS MADE TO THE POLICY: THE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED AS PER ATTACHED FORM CG 2010 04 13 - ADDITIONAL INSURED - OWNERS, LESSSEES OR CONTRACTORS - SCHEDULE PERSON OR ORGANIZATION: CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 All other terms and conditions of this policy remain unchanged. 07/21/2025 KR BS Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 IL 12 01 11 85E Page 1 of 1 Insured Copy California Premium: Non­Taxable Fees: Taxable Fees: Surplus Lines Tax: Stamping Fee: $50.00 $1.50 $0.09 #ti~ □ □ □ COMMON POLICY DECLARATIONS Policy Number: New Renewal Rewrite Previous Policy Number: From ToPolicy Period: Named Insured: Tax State: Agent and Mailing Address:Agent Number: Business Description: Select Coverage Part (for which insurance is being afforded) Commercial General Liability Commercial Property Commercial Inland Marine Commercial Crime Auto Dealers TRIA Other (Describe) $ $ $ $ $ $ $ $ $ $ Total Other Charges Total Total Advance Premium Premiums Shown are payable at inception or as indicated on the individual Coverage Declarations. Form(s) and Endorsement(s), including edition dates, made a part of this policy at the time of issue:See Schedule of Forms By: Date Authorized Agent MUS 01 01 10002 1122 Mailing Address: MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Surplus Lines Broker Name:Surplus Lines Broker Number: State Control Number (NJ & PA): Form of Business Individual Joint Venture Partnership Limited Liability Company Organization (other): Liquor Liability $ Owners & Contractors Protective $ Farm & Ranch $ A Stock Company 40 Wantage Avenue, Branchville, NJ 07890 Corporation DBA: Policy Taxes and Fees at 12:01 A.M. Standard Time at your mailing address shown below. MP000401400139003 X MP000401400139003 04/15/2025 04/15/2026 SAN DIEGO SPORTS OFFICIALS 1805 OAK AVE CARLSBAD CA 92008 1103 04014 04014-Amwins Access Insurance Services, LLC - San Diego, CA 13500 Evening Creek Dr. N. San Diego CA 92128 CA AmWINS Access Insurance Services, LLC 0I18107 X Provides Sports Officials X 1,338.00 Surplus Lines Tax $38.64 Amwins Service Fee $175.00 Stamping Fee $2.32 1,338.00 215.96 1,553.96 07/21/2025 KR BS Insured Copy □ □ D D D D D D D D D D □ □ □ D D D □ SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Policy Number Effective Date: MUS 01 01 10003 1013 MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY SAN DIEGO SPORTS OFFICIALS MP000401400139003 04/15/2025 Forms Applicable - COMMON POLICY FORMS MUS 01 01 10002 1122 COMMON POLICY DECLARATION MUS 01 01 10003 1013 SCHEDULE OF FORMS & ENDORSEMENTS IL 12 01 11 85E POLICY CHANGES Forms Applicable - GENERAL LIABILITY MUS 01 01 20001 0417 GENERAL LIABILITY COVERAGE PART DECLARATIONS CG 20 10 04 13 AI - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION CG 20 10 04 13 AI - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Insured Copy MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY A Stock Company 40 Wantage Avenue, Branchville, NJ 07890 GENERAL LIABILITY Coverage Part Declarations Policy Number: Named Insured: DBA: Effective Date: MP000401400139003 SAN DIEGO SPORTS OFFICIALS 04/15/2025 LIMITS OF INSURANCE General Aggregate Limit (Other Than Products / Completed Operations $ Products / Completed Operations Aggregate Limit $ Personal and Advertising Injury Limit $ Each Occurrence Limit $ Damage To Premises Rented to You Limit (Any 1 Premises)$ Medical Expense Limit (Any 1 Person)$ 2,000,000 Included 1,000,000 1,000,000 100,000 5,000 Location(s) Of All Premises you Own, Rent or Occupy, Classification & Premium Provided Rate Advanced Premium Code Classification Description Premium Basis /Exposure* Premises / Operations Products/ Comp Ops Premises / Operations Products/ CompOps Loc. No.Street Address Street Address City State Zip No. )001 1805 OAK AVE CARLSBAD CA 92008 Athletic Programs - Amateur Other-Than- Not-For-Profit 40066 t 175 5.6400 Included $988 Included *Premium Basis Types: p -Payroll (per $1,000 of Payroll) c -Cost (per $1,000 Total Cost) s -Sales (per $1,000 Gross Sales) a -Area (per 1,000 Square feet of area)m -Admissions (per 1,000 Admissions) u -Units (per Unit)t –Total (per each) Total Annual Premium:$ Forms/Endorsements Applicable See Schedule of Forms and Endorsements Abuse and Molestation Limited Coverage Assault and Battery Limited Coverage Additional Insured(s) Employee Benefit Liability Coverage Other: Increased Limits Hired Automobile Non-Owner Automobile Stop Gap Liability Enhancement Coverage Swimming Pool Pop-up Coverage Waiver of Subrogation Coverage Primary & Non Contributory Coverage Lost Key Coverage Timber Overcut Coverage Limited Pollution Coverage Limited Pollution Lawn Care Coverage Earth Movement Coverage Ohio Pesticides Coverage Misc Professional Liability Coverage Alarm Systems Cont E&O Coverage Swimming Pools - Dwelling Coverage Contractors Liability Bundle x 100 1,338 x 250 This Coverage Part consists of this Declarations Form, the Common Policy Conditions, the Commercial General Liability Conditions, the Coverage Form(s), and the Coverage Endorsement(s) indicated as applicable. MUS 01 01 20001 0417 Page 1 of 1 Insured Copy □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ YMCA OF SAN DIEGO COUNTY; 3708 RUFFIN ROAD, SAN DIEGO, CA 92123 1805 OAK AVE, CARLSBAD, CA 92008 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations MP000401400139003 A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 10 04 13 Insured Copy C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 10 04 13 Insured Copy CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 1805 OAK AVE, CARLSBAD, CA 92008 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations MP000401400139003 A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 10 04 13 Insured Copy C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 10 04 13 Insured Copy