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Skateoplex Inc and Cosmoplex LLC DBA Ice Town; 2015-10-15;
.• AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR ICE SKATING AND HOCKEY INSTRUCTOR SERVICES SKATEOPLEX INC. & COSMOPLEX LLC: DBA ICE TOWN This Amendment No. 2 is entered into and effective as of the / 2ih day of ~ 0, ~ , 2019, extending the agreement dated October 15, 2015 (the "Agreement' b~d between the City of Carlsbad, a municipal corporation, ("City"), and Skateoplex Inc & Cosmoplex LLC: OBA Ice Town, an LLC, ("Contractor") (collectively, the "Parties") for instructing and teaching ice skating and hockey classes and camps. RECITALS A. On August 28, 2017, the Parties executed Amendment No. 1 to the Agreement to extend Ice Skating and Hockey instructor services for two years, ending October 15, 2019; and B. The Parties desire to extend the Agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on October 15, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: Park~ ATTEST: By // /,7.., . l c ,y-y/ ~A/! -~~/4/ \ ~}il(Yla-''°-K .J/Lc~;i/l11AV!p,._ ~ /) ~ here) , BARBARA ENGLESON [ Rt/ /4/.#-t t/ _2;e/k/9: --c,,Co 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 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: ___ Q__A__ ___ .,_~_> ...... ~).,.../ __ _ Deputy City Attorney 6 City Attorney Approved Version 1/30/13 2 ACORD<!'; CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 03/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 Victoria Escobar Gaspar Insurance Services, Inc. _NA_M~--- 818.302.306() ------7 r.e~ ~ol: 818:436.6122 ---- ;.~~N~o • .,.,. 23161 Ventura Blvd. Suite 100 E-MAIL victoria.escobar®aasparinsurance.com Woodland Hills, CA 91364 ADDRESS: License #: OG66626 ----__ INSURER(S) AFFORDING COVERAGE ---j _ ___!!Al~# - -- ------ ---------- - INSURER A: Ar!:J1 lnsyranc1t Company__ --- -~---- INSURED INSUR~_El_:_ Skateoplex, Inc. & Cosmoplex, LLC ----------------- - OBA lcetown Carlsbad l~URERC: ----------------------- 2283 Cosmos Court INgJRER[)_:_ ------------------~-- Carlsbad, CA 92011 l~URER_E_:_ ------------------1--- INSURER F: I COVERAGES CERTIFICATE NUMBER: 00000000-211637 REVISION NUMBER: 18 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. - - - - - 1~~~1----TY;;;;OFI;..-~~~ --T~.~-°~~ --;;;~-;NU~ER--1,;g7JiYvWv, ,;g7JgrvWvJ -----Ll~S------ A 1 _2{ i c_oMMERCIAL GENE~L~IABIUTY i I SNCGL0458501 112/20/2018 12/20/2019 I EACH occuRRENCE --+ $ __ 1,00Q,_QOO I 1 _ : CLAIMS-MADE LX I OCCUR I I i r ~~~~~iJ~:~~~?=i $_ _ 1,00QJ)OO 1 I I j MED EXP (Any one person) j$ 5,000 ---I PERSONA~ ADV INJURY $ _ 1,000_,_QOO ' GEN'L~GGREGATE ~;;,,IT~PPLIES p~ -I I GEI-JERAL A_GGREC,_ATE $ ___ 5,0_()0_,_()0Q x ; POLICY -1 rr& 7 LOC I 1 1 PRODUCTS_ COMP/OP AGG 1 $ s,000,000 OTHER A i~TOMOBILE LIABILITY ANY AUTO -OWNED _ AUTOSONLY _X ~0RT~SONLY n SCHEDULED >-----i ~~~'?6WNED ~ AUTOS ONLY I ' - I UMBRELLA LIAB u OCCUR ! HI E_xcEss LIAB _ l_J_cLA1~s-~E~ DED n RETENTION $ 1 i WORKERS COMPENSATION : ANO EMPLOYERS" LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Business Pers Prop A f Business Pers Prop y /NI I □ NIA I I I SNAUT0051901 I i I SNPRP0017001 I SNPRP0017001 I I i 12/20/2018 I I I I I 12120/2018 f 12/20/2018 I $ 12/20/2019 COMBINED SINGLE LIMIT $ i-~~ctdentL ______ _ ] BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ :I PROPERTY DAM_ AGE ----l $ _tefil <!~den_!)_ __ __ _ ___ _ _ __ i Non-Owned/Hired I $ 1000000 ~ EACH OCCURRENCE ___ 1 $ ________ _ AGGREGATE $ r--- - -$- PER L 'OTH-r _ SIII_Tl!I!;__ _ 1 E_R __ _E L. EA(;_H ACCll)_E:NT ____ ---l $_ E.L. DISEASE -EA EMPLOYEl $ E.L. DISEASE -POLICY LIMIT ' $ 1212012019 Limit I 12/20/2019 ! Deductible I $500,000 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remar1<s Schedule, may be attached rf more space is required) -The Certificate Holder is only an Additional Insured with respect to liability caused by the negligence of the Named Insured as per Form 00 SGL0026 00 Additional Insured -The General Liability policy includes Form CG 2135 Exclusion -Coverage C -Medical Payments, Scheduled Description and Location of Premises or Classification: For any locations shown on the declarations page Medical Payments and all references to in this Coverage (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER CANCELLATION City of Carlsbad, its officers, employees, volunteers, and agent 1200 Carlsbad Village Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 VAE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by VAE on March 13, 2019 at 01 :44PM ./ ✓ AGENCY CUSTOMER ID: _00_0_0_0_0_00 _____________ _ LOC#: -------- ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Gaspar Insurance Services, Inc. Skateoplex, Inc. & Cosmoplex, LLC POLICY NUMBER DBA lcetown Carlsbad SNCGL0458501 CARRIER I NAIC CODE Arch Insurance Company EFFECTIVE DATE: 12/20/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) Part do not apply to individuals involved in skating activities which include skating activities while entering the ice, while on the ice, and while exiting the ice. Page _2_of 2 -The General Liability policy includes Form CG 2135 Exclusion -Coverage C -Medical Payments, Scheduled Description and Location of Premises or Classification: Skating activities means all activities while an individual is wearing skates or on the ice surface without skates. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by VAE on March 13. 2019 at 01:44PM POLICY NUMBER: SNCGL0458501 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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): Any person or organization you are required to add as an additional insured to this policy by written contract or written agreement which is currently in effect or coming into effect during the term of this policy; and executed prior to the occurrence of any "property damage", "bodily injury", or "personal and advertising injury". 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 0413 © ISO Properties, Inc., 2004 Page 1 of 1 D AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR ICE SKATING AND HOCKEY INSTRUCTOR SERVICES SKAETOPLEX INC. & COSMOPLEX LLC: OBA ICE TOWN Amen ment No. 1 is entered into and effective as of the cJ. ?th day of ----\=-'-~~~.,,,,.,,,.-· ,.__ ____ , 201.J_, extending the agreement dated October 15, 2015 (the by and between the City of Carlsbad, a municipal corporation, ("City"), and INC. & COSMOPLEX LLC: DBA ICE TOWN, ("Contractor") (collectively, the "Parties") for instructing and teaching ice skating and hockey classes and camps. RECITALS A. The Parties desire to extend the agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending October 15, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR (sign here) 4/4.x 7)(AY\<).e.__'J l?({S(J~vt± (print name/title) (sign here) Ir1··no.. Duna.ev /Cf 0 (print name/tide) CITY OF CARLSBAD, a municipal corporation of the State of California By:~ Parks & Recreation Director ATTEST: ( Lu~vt~/- BARBARA ENGLESON U " ....__ City 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: CELIAA. BREWER, City Attorney BY: ~ _ ___;; __________ _ ~City Attorney City Attorney Approved Version 1/30/13 2 .~ SKATINC-01 GUTINSKY .;oe\C:ORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 12/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 ~l?ijl~cT Gena Litinsky Creative Insurance Services, LLC rit:g,N:o, Ext): (818) 591-8017 I rie~. No):(888) 391-8251 PO Box 8938 Calabasas, CA 91372 i~DAJ~ss: gena@creativeinsllc.com -- f------· INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Indian Harbor Ins. Co. 36940 INSURED INSURER B: State Como Insurance Fund 35076 Skateoplex, Inc. & Cosmoplex, LLC dba lcetwon Carlsbad INSURER C: 2283 Cosmos Court INSURER D: Carlsbad, CA 92011 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 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. 11Nf: TYPE OF INSURANCE 1~.~Jl,,L 1~.~~f POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ----D CLAIMS-MADE oo OCCUR ~~~~~lJ?E~~J~Jlence' 100,000 X RPP5435074-02 12/20/2016 12/20/2017 $ X HNOA $1,000,000 MED EXP IAnv one oerson' $ 5,000 -Emp. Ben. $1,000,000 1,000,000 ~ PERSONAL & ADV INJURY $ ' 5,000,000 ~'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY D j'r8i= D LOC PRODUCTS -COMP/OP AGG $ 5,000,000 OTHER: SEXUAL ABUSE AN $ 1,000,000 / _ ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ . $ ~ ANY AUTO ~ BODILY INJURY (Per nerson\ $ OWNED SCHEDULED ---AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident\ $ HIRED NON-OWNED PROPERTY DAMAGE ~ AUTOS ONLY ~ AUTOS ONLY I Per accident\ $ $ ~ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE '$ OED I I RETENTION$ $ B WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER YIN 9170583-2016 12/01/2016 12/01/2017 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [YJ E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ If yes, describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Building/BPP RPP5435074-02 12/20/2016 12/20/2017 $2,900,000 500,000 A Bus. lnc./Eq.Break. RPP5435074-02 12/20/2016 12/20/2017 $400,000 3,800,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES JACORD 101, Additional Remarks Schedule, mai{ be attached if more sfij°e is required) CITY OF CARLSBAD, ITS OFFICERS, EMPLOY ES, VOLUNTEERS, AND AGENTS A E NAMED AS AD ITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARLSBAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 CARLSBAD VILLAGE DRIVE Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ;r:R;~- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Kevin G Gast 10150 York Rd -5th Floor Hunt Valley, MD 21030 0llrisks Get It Done Right. Now. Phone: 410-828-5810 Ext. 304 7 kgast@allrisks.com December 13, 2016 Confirmation of Insurance Skateoplex Inc & Cosmoplex LLC dba lcetown Carlsbad Creative Insurance Svcs LLC Attn: Gena Litinsky P O Box 8938, Calabasas, CA 91372 Insured: Policy Number: State Of Location: Skateoplex Inc & Cosmoplex LLC dba lcetown Carlsbad 10540 Magnolia Avenue Riverside, CA 92505 RPP5435074-02 Renewal of Policy RPP5435074-01 CA Issuing Company: Indian Harbor Insurance Company Coverage: Commercial Package, Ice Rink Program Policy Period: 12/20/2016 12:01 AM To 12/20/2017 12:01 AM CALIFORNIA SHORT RATE CANCELLATION PENAL TY DISCLOSURE Please be advised that if you request cancellation of your policy prior to the expiration, the policy may be cancelled at a rate less than pro rata. Please refer to your policy for specific terms and conditions. V 4.1.1 RPP543507 4-02 12/13/2016 1 of 10 Kevin G Gast 10150 York Rd -5th Floor Hunt Valley, MD 21030 0llrisks Get It Done Right. Now. Phone: 410-828-5810 Ext. 304 7 kgast@allrisks.com Confirmation of Insurance December 13, 2016 Creative Insurance Svcs LLC Attn: Gena Litinsky P O Box 8938, Calabasas, CA 91372 Insured: Policy Number: State Of Location: Issuing Company: Coverage: Policy Period: Skateoplex Inc & Cosmoplex LLC dba lcetown Carlsbad 10540 Magnolia Avenue Riverside, CA 92505 RPP5435074-02 Renewal of Policy RPP5435074-01 CA Indian Harbor Insurance Company Commercial Package, Ice Rink Program 12/20/2016 12:01 AM To 12/20/2017 12:01 AM We confirm that acting upon your instructions, and for your account, we have procured insurance, subject to all of the terms and conditions hereinafter stated as follows: This binder is effective for a limited time period. It will expire 90 days from the effective date of coverage or upon delivery of the policy. Cancellation: This insurance may be cancelled by written notice by the insured or insurer(s) through All Risks, Ltd. Notice of Cancellation shall be deemed given by the insurer(s) when given by us or the insurer(s) to the insured or the insured's representative. The insurer(s) may be entitled to premium earned on a short rate or pro rata basis. The cancellation procedure will be detailed in the Policy documents and may be subject to State Regulation. If financed, the down payment and copy of the premium finance agreement are due according to the terms of the attached invoice. Any changes or new information provided at the time of binding may change the premium indicated or the acceptability of the applicant. Thank you for choosing All Risks, LTD. We appreciate your business. Regards, All Risks, LTD. Kevin G Gast (Brokerage Underwriter) kgast@allrisks.com 41 0-828-5810 Ext. 304 7 V 4.1.1 Cindy King (Associate Underwriter) cking@allrisks.com 410-828-5810 Ext. 3639 RPP543507 4-02 12/13/2016 2 of 10 / 0llrisks Get It Done Right. Now. Kevin G Gast 10150 York Rd -5th Floor Hunt Valley, MD 21030 Phone: 410-828-5810 Ext. 304 7 kgast@allrisks.com Confirmation of Insurance Additional Interests [Location 1 Building 1 m .<j< Address City State Zip ---------------------------····- Loss Payee Western Alliance Bank 12220 El Camino Real Suite 220 San Diego CA 92130 Loss Payee Marlin Business Bank PO Box 368 Marlton NJ 08053 Loss Payee US Small Business Administration 1801 Oakland Blvd Suite 100 Walnut Creek CA 94596 Loss Payee Western Alliance Bank 12220 El Camino Real Suite 220 San Diego CA 92130 Loss Payee US Small Business Administration 1801 Oakland Blvd Suite 100 Walnut Creek CA 94596 Additional Insured -Mortgagee, Assignee, or Receiver Western Alliance Bank 12220 El Camino Real Suite 220 San Diego CA 92130 Additional Insured • Mortgagee, Assignee, or Receiver Marlin Business Bank PO Box 368 Marlton NJ 08053 Additional Insured -Mortgagee, Assignee, or Receiver US Small Business Administration 1801 Oakland Blvd Suite 100 Walnut Creek CA 94596 Additional Insured -Designated Person or Organization City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Additional Insured -Designated Person or Organization City of Oceanside 300 North Coast Highway Oceanside CA 92054 V 4.1.1 RPP543507 4-02 12/13/2016 7 of 10 Kevin G Gast 0llrisks. 10150 York Rd -5th Floor Hunt Valley, MD 21030 Get It Done Right. Now. Phone: 410-828-5810 Ext. 304 7 kgast@allrisks.com Confirmation of Insurance Additional Insured -Designated Person or Organization Geneva Capital LLC and Its Assigns 522 Broadway St Suite 4 Additional Insured -Designated Person or Organization City of Encinitas 1140 Oak Park Drive Encinitas Additional Insured -Designated Person or Organization Girl Scouts San Diego .. 1?}JLJpc1?St San Diego Additional Insured -Designated Person or Organization US Small Business Administration 1801 Oakland Blvd Suite 100 Walnut Creek Additional Insured -Designated Person or Organization Western Alliance Bank 12220 El Camino Real Suite 220 San Diego CA CA CA CA 92024 92103 94596 92130 V 4.1.1 RPP543507 4-02 12/13/2016 8 of 10 AGREEMENT FOR (ICE SKATING AND HOCKEY INSTRUCTOR) SERVICES (SKATEOPLEX INC. & COSMOPLEX LLC DBA: ICE TOWN) THIS AGREEMENT is made and entered into as of the day of OcUobc^ 20 (S, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SKATEOPLEX INC. & COSMOPLEX, a Limited Liability Company DBA: Ice Town, ("Contractor"). RECITALS A. City requires the professional services of an Ice Skating and Hockey that is experienced in instructing and teaching. B. Contractor has the necessary experience in providing professional services and advice related to Skating and Hockey. 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 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. The City expects the result of Contractor's services to be the enjoyment and increased knowledge, skill, and/or ability of course participants. Contractor has sole control over the manner and means of accomplishing this result; however, the City may monitor Contractor's course(s) to confirm that this result is being achieved and that CONTRACTOR is complying with the terms of this Agreement. 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 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 2 year periods or parts thereof. 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 ofthe essence for each and every provision ofthis Agreement. 5. COMPENSATION City will collect the fee specified in Exhibit "A", plus a transaction, and non-resident fee, if applicable, from each participant who registers for Contractor's course(s). As payment for Contractor's service(s), Contractor will receive an amount equal to seventy percent (70 %) of City Attorney Approved Version 6/23/15 resident fees and/or any fees that are refunded. Contractor will be required to set class fees within the current market range, excluding any fees set by City Council. The City reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course, Contractor must submit an email or written request to initiate payment to the City for all courses/camps. The request to initiate payment must be submitted after the end of the course. The request to initiate payment must be accompanied by the course/camp activity numbers. Contractor must submit written or e-mail approval for total final amount owed on Instructor Payment Due Report. Failure to list the activity numbers or approve final amount owed may result in a denial or delay in payment. In most cases, the City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Contractor understands that filing a false claim for payment may subject Contractor to civil penalties under California Government Code sections 12650, et seq., and Carlsbad Municipal Code section 3.32.025. 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 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 the 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 subcontractor of Contractor for work done under this Agreement. At the City's election, 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 ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version 6/23/15 8. Instructor and Assistant(s) Contractor shall designate the Instructor in Exhibit "A" attached hereto. Contractor may utilize, at Contractor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this Agreement. Contractor may not utilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks and Recreation Director, Recreation Area Manager or designee and, if applicable, providing the City's Parks & Recreation Department with the criminal history background check with Live Scan fingerprint and TB test information discussed in paragraph 11 and the certifications discussed in paragraph 12 below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the Contractor without prior approval of the Recreation Supervisor or Area Manager. Assistants teaching in place of the Contractor must be at least 18 years of age. Contractor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. 9. Ratio. Instructor is responsible for maintaining the following adult to child ratios: 9.1 Classes 9.1.1. 1 Contractor for 20 students (Ages 5 and up) at most 9.1.2. 1 Instructor for 8 students (Ages 4 and below) at most 9.2 Camps 9.2.1. 1 Instructor for 15 students (Ages 5 and up) at most 9.2.2. 1 Instructor for 6 students (Ages 4 and below) at most 10. Rules and Safety. Contractor will be required to comply with the Carisbad Parks & Recreation Department's Safety Rules and participate in a Contractor Instructional Services Agreement renewal meeting each year. (See 2015 Instructor Information Booklet) Contractor is also required to have all participants in classes or camps sign in and out by an authorized adult if the participant is a minor. 11. TB Test and Background Check. Prior to performing any work under this Agreement, Contractor and Contractor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course is open to minors, Contractor and Contractor's assistant(s) must complete a criminal history background check. The criminal history background check requires Contractor and Contractor's Assistant(s) to have Live Scan fingerprints processed by the City. Should Contractor or Contractor assistant(s) criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Contractor or Contractor's assistant(s) from performing future instructional services for the City. 12. Certifications. If applicable, Contractor and Contractor's Assistant(s) must provide the City with the following certifications, which must remain valid throughout the duration ofthis contract: [INSERT LIST OF CERTIFICATIONS]. If any certification(s) will expire during the term of this Agreement, Contractor and Contractor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. 13. Mandated Reporter(s). If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165.7(a), Contractor and City Attorney Approved Version 6/23/15 Contractor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "D" to this Agreement. 14. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 15. 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 attorney's 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 eariy termination ofthis Agreement. 16. 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 connection with performance of the services by Contractor or Contractor's 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-:VH"; 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. 16.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 ofthe 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 the City as an additional insured. 16.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 16.1.2 Athletic Participant/Participant Legal Liabilitv and Sexual Abuse and Molestation coverage (if there are athletic participants). $1,000,000 combined single-limit per accident for bodily injury and property damage. 16.1.3 Workers' Compensation and Emplover's Liabilitv. 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. City Attorney Approved Version 6/23/15 16.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 16.2.1 The City, its officials, employees and volunteers will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 16.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 16.2.3 This insurance will be in force during the life ofthe 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. 16.3 Providing Certificates of Insurance and Endorsements. Priorto City's execution ofthis Agreement, Contractor will furnish certificates of insurance and endorsements to City. 16.4 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. 16.5 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. 17. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 18. 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. 19. NOTICES Notices between the Contractor and the City may be made by either personal delivery, email or by first-class mail. Mailed notices must be sent to the addresses listed in the introductory paragraph, unless changed in writing in accordance with this paragraph. Personally delivered notices will be considered communicated on the day they are actually received. Emailed or mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. City Attorney Approved Version 6/23/15 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 Citv For Contractor Name Steve Herrera Name Leslie Deason Title Recreation Supervisor Title Instructor Department Parks & Recreation Address 2283 Cosmo Court City of Carisbad Carlsbad CA 92011 Address 2997 Glasgow Drive Phone No. 951-637-3070 Carlsbad CA 92010 Email ldeason@icetown.com Phone No. 760-434-2973 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. 20. Course Roster Prior to the first class date, Contractor will pull rosters from the City's ActiveNet registration software, at https://apm.activecommunities.com/citvofcarisbad. Contractor will verify the information contained on the roster against actual attendance on the first class date and report any discrepancies to the City by the end of the next business day. Contractor will not allow a person to participate in a course unless the person appears on the course roster and has signed an electronic annual liability waiver form. 21. Course Advertisement The City will advertise the Contractor's course(s) in the upcoming Community Services Guide(s) and in any other manner the City determines is appropriate. Contractor may also advertise Contractor's course(s) in any manner Contractor determines is appropriate, subject to the prior approval of the City. Marketing materials must be submitted to the City for approval at least 14 days prior to distribution. (See - 2015 Contract Instructor Information Booklet). Contractor must obtain photo releases from any enrollee prior to any marketing or promotion with use of photos of enrollees. 22. Attendance Prior to the first class date of each course, the Contractor will go online to the registration website and print a class attendance sheet. Contractor will mark each day's attendance on the class attendance sheet and submit the completed attendance sheet to the City at the end of the course. Contractors are responsible for contacting participants who have not attended the first class and notify the Instructional Class Division. Sheets may be dropped in the facility mailbox prior to leaving for the evening on the last class of the course. 23. Use of City Facilities The City will allow Contractor to use the City facility(ies) identified in the Carisbad Community Services Guide on the day(s) and at the time(s) indicated. The rules for use of the facility(ies) are contained in Exhibit "B." Contractor is responsible for ensuring the Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. Contractor must abide by the start and end times of each class/camp stated in Exhibit A. Failure to abide by the start and end time listed in Exhibit A for any class/camp may result in termination of contract. City Attorney Approved Version 6/23/15 If any injury, lost child, or property damage occurs during a class or camp. Contractor must promptly report the injury, lost child, or property damage to the facility attendant on duty (after any necessary first aid or emergency services are rendered). The 2015 Instructor Information Booklet provide specific instructions on how to handle emergencies. The Contractor will also report as a witness on the injury/incident report. If there is no facility attendant on duty, Contractor must report the injury, lost child, incident, or property damage to the Parks & Recreation Director, a Recreation Area Manager or designee immediately. 24. Canceling Course(s) The City, after first notifying Contractor, may cancel a course if the City does not receive registration forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first class date for a course. Contractor will not be compensated for any course canceled due to low enrollment. 25. Canceling or Rescheduling Class Date(s) Contractor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director, Recreation Area Manager or designee. Contractors are solely responsible for informing enrollees of any cancelations or rescheduling of classes. 26. CONFLICT OF INTEREST If requested, Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 27. 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. Contractor will be aware of the requirements ofthe 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. 28. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 29. 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 fonwarded 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 City Attorney Approved Version 6/23/15 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 30. TERMINATION In the event of the 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 services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, City will make a determination of fact based upon the service delivered and of the percentage of service that Contractor has performed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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. 31. 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 ofthis Agreement. For breach or violation ofthis 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 othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 32. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe 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 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 attorney's 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. 33. JURISDICTION AND VENUE 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. City Attorney Approved Version 6/23/15 34. 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. 35. 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 ofthe 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. // // // // // // // // // // // // // // // // // // City Attorney Approved Version 6/23/15 36. 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) ^ Chris Halzeltil; Parks & Recreation Director (print namjzi^title) ATTEST: By: - ^ ^ ^gnhere) / BARBARAENGLESON (print name/title) 'j^C/CC^^ 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 Othenwise, 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. BY: iiy-Attoroe:^ City Attorney Approved Version 6/23/15 10 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 ofthat document. State of California County of } } On ^U\V| before me. > personally appeared A^-e^ 1Di)X^aeM and lUrin/a TDym/a^L/. who proved to me on the basis of satisfactory evidence to be the person^ whose name^ is/^subscribed to the within instrument and acknowledged to me that he/she^e^xecuted the same in his/her^tRejx3authorized capacityC^, and that by his/heitfhgiF^signaturq'g) on the instrument the persort^, or the entity upon behalf of which the persor(jD acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^tary Public Signature^ / ( ANASTASIAIHCMANUS L COMM. #2079911 2 Notary Public • California g Orange County " My Comm. Expires Aug 29,2018 [ (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT DESCRIPTION OF THE ATTACHED DOCUMENT (Title<iLlescrlption of attached dxument) ^ (Title or description of attacffed document continued) Number of Pages Document Date_ ON CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Califomia statutes regarding notaty wording and. if needed, should be completed and attached to the document. Acknowledgments from other stales may be completed for documents being sent to that stale so long as the wording does not require the Califomia notary to violate California notary law. > State and County information must be the State and County where the document signer(s) personally appeared before the notary pubhc for acknowledgment. > Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed > The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) > Print the name(s) of document signer(s) who personally appear at the time of notarization > Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. > The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form > Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). « Securely attach this document to the signed document with a staple. EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. Icetown Carlsbad Skating - Hockey for Tots Get on the ice at the new indoor Icetown arena! The tot levels are designed to help the preschool-aged skater develop preliminary coordination and strength to maneuver on the ice. How to glide stop, start and dip will be taught. Includes skate rental on the day of class. 15 hours of free skating with registration (skates not included). Location: Icetown Carlsbad Arena Instructor: Icetown Carisbad-Leslie Deason Ages: At least 3 but less than 6 Fee: $94 Min: 6 Max: 12 Icetown Carlsbad Skating - Hockey Fundamentals Get on the ice at the new indoor Icetown arena! This class is perfect for the beginner skater who wants to learn the fundamentals of hockey. No equipment required but is allowed, (no sticks or pucks). Includes skate rental on the day of class. 15 hours of free skating with registration (skates not included). Location: Icetown Carisbad Arena Instructor: Icetown Carlsbad-Leslie Deason Ages: At least 6 but less than 13 Fee: $94 Min: 6 Max: 12 Icetown Carlsbad Skating Lessons - Basic Skills Get on the ice at the new indoor Icetown arena! The "basic skills" are the fundamentals ofthe sport. The skaters will learn a basic knowledge ofthe sport, enabling them to advance. Learn to sit, stand, march and glide across the ice on two feet. Learn how to stop and skate backwards. Includes skate rental on the day of class. 15 hours of free skating with registration (skates not included). Location: Icetown Carlsbad Arena Instructor: Icetown Carisbad-Leslie Deason Ages: At least 6 but less than 13 Fee: $94 Min: 6 Max: 12 Icetown Carlsbad Skating Lessons - Tots City Attorney Approved Version 6/23/15 11 Get on the ice at the new indoor Icetown arena! The tot levels are designed to help the preschool-aged skater develop preliminary coordination and strength to maneuver on the ice. Standing, sitting, gliding and backward wiggles will be taught. Includes skate rental on the day of class. 15 hours of free skating with registration (skates not included). Location: Icetown Carisbad Arena Instructor: Icetown Carisbad-Leslie Deason Ages: At least 3 but less than 6 Fee: $94 Min: 6 Max: 12 City Attorney Approved Version 6/23/15 12