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HomeMy WebLinkAboutMayra Viralta dba North County Sports Officials; 2018-08-31;AGREEMENT FOR SOCCER OFFICIALS AND ASSIGNMENT SERVICES MAYRA VILLALTA DBA NORTH COUNTY SPORTS OFFICIALS ·"J / St-THIS AGREEMENT is made and entered into as of the -'--'"'"""""-..... ----day of ~.:::::J....::=::::~~~s.!::::::-L.._, 20 Ii?. by and between the CITY OF CARLSBAD, a municipal corporatio "City"), and MAYRA VILLALTA OBA NORTH COUNTY SPORTS OFFICIALS, a sole proprietor, ("Contractor"). RECITALS City requires the professional services of a company that is experienced in providing adult soccer officials and scheduling assignment services. Contractor has the necessary experience in providing these professional services, 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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of two years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed seven thousand dollars ($7,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services 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 results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. 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. For City Name Steve Herrera Title Recreation Supervisor Department Parks & Recreation City of Carlsbad Address 2997 Glasgow Drive Carlsbad CA 92010 Phone No. 760-434-2973 For Contractor Name Mayra Villalta Title Owner --------------- Address 4308 Sierra Morena Carlsbad CA 92010 Phone No. 760-803-3757 Email mannyreferee@msn.com 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. 8. 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. The Contractor shall report investments or interests in all categories. YesD No~ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. II II II II II II II II II II II II 3 City Attorney Approved Version 6/12/18 15. 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. CONTRACTOR 7 ~ (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ CHRISAZ Parks & Recreation Director ATTEST: ~ARBARA ENGLESON t,r vity Clerk 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. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney By:------"-=~=--------- ~t City Attorney City Attorney Approved Version 6/12/18 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of _;£ /}J,J .DI 6@-0 ) On d~ 31, cflJf 8 before me, -~C-...-,_lf///<.~~L-b-J~-'G~_'3_u,_~-·~17-_/_G_7t,(__) __ _ Date Here Insert Name and Title of the Officer I personally appeared -~rn __ R~Y_ce_A-_~~~l_'--_u+ __ L_-n_(I ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'* whose nam9" is/• subscribed to the within instrument and acknowledged to me that-sh~ executed the same in .... her~authorized capacity~, and that by tifis/her/$" signatureJI on the instrument the personfl, or the entity upon behalf of which the person. acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my"~~,) Signature_~--+,,---=-_,,.,,'--"....,,__~=/V:;___-=-~ .... _..____ __ Signature of Notary Public ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Jl:v.:5if2 Uet(JR_ /-Ja-,f'~~ Document Date: __________________ Number of Pages: iii!fl= ~ Signer(s) Other Than Named Above: _______________________ _ Capacity~Clai,q!ed by Signer--- Signer's Name: l_!l_fij).Pfr V L.lLl+Tfl: D Corporate Officer ~ lfltle(s): ______ _ D Partner -D Limited D General ~Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ ~· ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES Mayra Villalta dba North County Sports Officials (Contractor) will provide officials and assignment services for adult soccer leagues that will be held at varies Carlsbad fields. The number of games requiring officials will depend on the number of teams per league. 1. Contractor will provide services according to league schedules provided by City staff. Contractor will assign two officials for 8v8 games and three officials for 11 v11 games and submit proposed assignment schedule for City approval prior to the start of each season. 2. Contractor will arrive at least 15 minutes prior to the scheduled start of the first game and dress appropriately. Proper attire includes: official soccer shirt and shorts, hand timer, athletic soccer shoes and whistle. Contractor will be responsible for transportation to and from games. 3. During all said games, Contractor will abide by all laws, City ordinances, and general rules and regulations of the Parks and Recreation Department relating to all activities contemplated hereby. 4. Contractor, on reasonable notice by City, will attend any meeting deemed mandatory by the City. 5. Contractor will submit a written report of any incident or injury within 48 hours of its occurrence. 6. Game officials must be certified by the CAL SOUTH-United States Soccer Federation and provide necessary equipment including uniforms and related supplies to perform assigned duties. Cost of Services Agreement amount will not exceed seven thousand dollars ($7,000). Fees include: 1. The City will pay Contractor directly for assignment of adult soccer officials. Contractor will submit one invoice to City upon completion of season. • $8.00 per game 2. Adult teams will pay Contractor directly for official fees before the start of each game. Payment will be cash. • Two officials for 8v8 game -$40.00/per team • Three officials for 11 v11 game -$60.00/per team City Attorney Approved Version 6/12/18 5 3. For forfeit games, Contractor will not collect official fees at the field. Instead, City will invoice forfeiting team for both teams. Fees are below. Contractor will submit one invoice to City for all forfeit games upon completion of season. • Two officials for 8v8 game -$80.00 for both teams • Three officials for 11v11 game -$120.00 for both teams City Attorney Approved Version 6/12/18 6 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, _['v\_A_'f ....... tl_A_~V_'::t._l.;_L,_A_t..,;_7_A. __ , am the ____ C)_W_tJ_~-~------- [insert name] [title] of Ne~~ C"JAJ"'t'j 5PotT~ oFF.sx~ hereby ce11ify that N<;)l\.~ \\ (uv"",.Y ) ft.t.T" c, f.t=.a:1.ALJ [name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should tJ 9t"" C,r,~'tj S°Poc,.,., ot;.F~s: .. IH .. J' employ any person during the term [name of company] of the Agreement with the City of Carlsbad for Soc.c.c«. C,,..I\( o F.C~L') AN4 A-StTC:.AJ((. Sl'tvJZ.(..S [description of project or work that is being contracted J then workers' compensation and employers' liability insurance will be obtained. '.D '2,A: ()wAJt,fL -fvoe"l\-\ C,v.v"l'j Slo,t:r 5 o 4=,C.:tt, "l'h{S [Title and name of company or corporation J 06/15/2006 25 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/VVVV) L --07/20/2018 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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). PRODUCER CONTACT NAME: Mass Merchandising K&K Insurance Group, Inc. PHONE 1-800-426-2889 FAX 1-260-459-5105 (A/C No Ext): (A/C No): 1712 Magnavox Way E-MAIL info@sportsinsurance-kk.com Fort Wayne IN 46804 ADDRESS: PRODUCER CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED 2000960134 CP# 7774 INSURER A: Nationwide Mutual Insurance Company 23787 North county Sports Officials INSURER B: c/o Mayra Villalta INSURER C: 4308 Sierra Morena INSURER D: Carlsbad, CA 92010 INSURER E: A Member of the Sports, Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER: 2000373396 REVISION NUMBER: 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/VVVV) (MM/DD/VVVV) A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006055100 12/08/17 12/08/18 EACH OCCURRENCE $1,000,000 - ~CLAIMS-MADE 0 OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTED PREMISES (Ea Occurrence) $1,000,000 - MED EXP (Any one person) $5,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 B POLICY D PROJECT D LOC PRODUCTS -COMP/OP AGG $1,000,000 OTHER: PROFESSIONAL LIABILITY $1,000,000 LEGAL LIAS TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY 6BRPG00000060551 00 12/08/17 12/08/18 COMBINED SINGLE LIMIT (Ea $1,000,000 accident) -12:01 AM 12:01 AM ANY AUTO BODILY INJURY (Per person) -OWNED ti] SCHEDULED AUTOS ONLY AUTOS BODIL y INJURY (Per accident) -HIRED NON OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY (Per acc1dent1 -X Not provided while in Hawaii ~,~:RELLA tj OCCUR EACH OCCURRENCE - EXCESS LIAB CLAIMS-MADE AGGREGATE c-- DED n RETENTION WORKERS COMPENSATION NIA LJ PER STATUTELJ OTHER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ VIN E.L. EACH ACCIDENT EXECUTIVE OFFICER/MEMBER D EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE If yes, describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 12/08/17 12/08/18 PRIMARY MEDICAL 6BRPG00000060551 00 12:01 AM 12:01 AM EXCESS MEDICAL $25,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attact)ed ii more space is required) Legal Liability to Participants (LLP) limit is a per occurrence limit. Sport(s): Umpires/Referees Assoc Age(s): 20 and over The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. This certificate voids and replaces certificate # 2000367934 CERTIFICATE HOLDER CANCELLATION The City of Carlsbad, it's Officers, Employees, Volunteers, and Agents SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1200 Carlsbad Village Dr. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Carlsbad, CA 92008 THE POLICY PROVISIONS. Owner/Manager/Lessor of Premises AUTHORIZED REPRESENTATIVE ~UJ © 1988-2015 ACORD CORPORATION. All rights reserved. Coverage is only extended to U.S. events and activities. •• NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6BRPG0000006055100 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization{s} The City of Carlsbad, it's Officers, Employees, Volunteers, and Agents 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Re: North county Sports Officials CP # 7774 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 is added to Section Ill -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. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1