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HomeMy WebLinkAbout09 - Sport Officiating Contract with Dan AugerNEWPORT CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 9 March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Rec. & Sr. Services Director 949- 644 -3157, LDetweiler @newportbeachca.gov PREPARED BY: Janet Cates, Recreation Manager APPROVED: ll� TITLE: Sports Officiating Contract with Former Employee Dan Auger ABSTRACT: City Council Policy F -20 requires all professional contracts with retiring or former City employees be approved by City Council. Former City Telecomm Coordinator Dan Auger will be providing services as a softball umpire for the Recreation & Senior Services Department. RECOMMENDATION: Approve the Independent Contractor Agreement between the City of Newport Beach and former City employee Dan Auger for his services as a softball umpire. FUNDING REQUIREMENTS: Adequate funding for recreation sports officials is appropriated in the current FY11/12. DISCUSSION: In accordance with City Council Policy F -20 — Contracts with Former City Employees: "When not more than five years have passed since -a person - who -is -a former City -- -- - employee has left service with the City, all professional contracts with retiring or former City employees shall require approval of the City Council." Dan Auger has served as a contracted softball 'umpire with the Recreation & Senior Services Department Adult Softball League since 1986. Mr. Auger retired from his position as a Telecommunications /Network Coordinator in December 2009 but has continued umpiring softball games for the Recreation Division. As an umpire, Mr. Auger earns $30 for each complete game that he officiates. Annually his earnings range between $1,000 $2000 per year for his services. Sports Officiating Contract with Former Employee Dan Auger March 08, 2011 Page 2 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: tn' Laura Detweiler, Director VVV Rec. & Sr. Services Department Attachments: A. Independent Contractor Agreement with Dan Auger B. City Council Policy F -20 Exhibit A CITY OF NEWPORT BEACH Recreation & Senior Services Department ADULT BASKETBALL OFFICIAL, SOFTBALL UMPIRE, SCOREKEEPER INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ( "Agreement ") is made and entered into as of January 1, 2011 by and between the City of Newport Beach, a California municipal corporation and charter city ( "City "), and Dan Auger, an Independent Contractor skilled as an Adult Sports Official, Softball Umpire, Scorekeeper ( "Sports Official," "Independent Contractor" or "Auger") for officiating, scoring and timing services at scheduled City adult basketball and /or softball games to be agreed upon. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: A. TERM The term of this Agreement shall commence on the above written date, and shall terminate on December 31, 2012 unless terminated earlier as provided herein. The parties acknowledge that Auger has been serving as a Sports Official for the City following his December 28, 2009 retirement from City's employment. Approval of this Agreement by City Council shall constitute ratification of Auger's post retirement employment. B. COMPENSATION A. Scorekeeper City shall pay Sports Official when serving as a Scorekeeper seventeen dollars ($17.00) for each complete game. City shall pay Sports Official when serving as a Scorekeeper seventeen dollars ($17.00) for each time that City fails to provide Sports Official at least twenty -four (24) hours notice of a game's cancellation or forfeiture. The exception to this rule is that the Sports Official shall be paid for one game if cancellation on :any given date is due to rain or field conditions and Sports Official appeared at the game site as scheduled. Sports Official shall be fined seventeen dollars ($17:00) for each game that Sports Official fails to provide at least twenty -four (24) hours notice to the City's Sports Supervisor or his /her designee of any absence; unless Sports Official obtained approval to use .a substitute from the City's Sports Official List. B. Basketball Official Dan Auger Page 1. of 8 City shall pay Sports Official when serving as a Basketball Official twenty -eight dollars ($28.00) for each complete game. City shall pay Sports Official when serving as a Basketball Official twenty -eight dollars ($28.00) for each time that City fails to provide Sports Official at least twenty -four (24) hours notice of a game's cancellation or forfeiture. The exception to this rule is that the Sports Official shall be paid for one game if cancellation on any given date is due to rain or field conditions and Sports Official appeared at the game site as scheduled. Sports Official shall be fined twenty -eight dollars ($28.00) for each game that Sports Official fails to provide at least twenty -four (24) hours notice to the City's Sports Supervisor or his /her designee of any absence; unless Sports Official obtained approval to use a substitute from the City's Sports Official List. C. Softball Umpire City shall pay Sports Official when serving as a Softball Umpire thirty dollars ($30.00) for each complete game. City shall pay Sports Official when serving as a Softball Umpire thirty dollars ($30.00) for each time that City fails to provide Sports Official at least twenty -four (24) hours notice of a game's cancellation or forfeiture. The exception to this rule is that the Sports Official shall be paid for one game. if cancellation on any given date is due to rain or field conditions and Sports Official appeared at the game site as scheduled. Sports Official shall be fined thirty dollars ($30.00) for each game that Sports Official fails to provide at least twenty -four (24) hours notice to the City's Sports Supervisor or his /her designee of any absence; unless Sports Official obtained approval to use a substitute from the City's Sports Official List. C. DUTIES OF CITY A. Registration. City shall register all participants for City Basketball and Softball Leagues and collect all enrollment fees. B. Facility. City shall provide a game site for basketball and softball games. City shall also provide all necessary utilities. C. Administration. This Agreement will be administered by the Recreation & Senior Services Department. Scott Williamson, Sports Supervisor or his /her designee, shall be the Contract Administrator and shall have the authority to act for City under this Agreement. The Contractor Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Dan Auger Page 2 'of 8 D. SPORTS OFFICIAL'S DUTIES A. Specific Duties Scorekeepers. Shall keep a running summary of points scored, record fouls called on each player and notify Sports Officials when a player - disqualification or bonus free throw situation arises, record timeouts and report to City when a team's allotted number has been used, and record when an incident occurs. Game clock and responsibility to keep everyone abreast of key factors while carrying out the timing regulations. Report all scores and incidents to Recreation Supervisor. Basketball Official. Responsible for a number of administrative actions that include the game clock, the score, the safety of players on the court and any possible elimination of players, which can occur for a variety of reasons. The Sports Official must ensure that the game runs smoothly, and this encompasses a variety of different responsibilities, from calling the game to player and spectator management. They also carry a duty of care to the players they officiate, and to ensure that the court and all equipment used is in a safe and usable condition. Should there be an issue that inhibits the safe playing of the game, it is the job of the Sports Official to rectify the problem. Softball Umpire. Responsible for the control of the time and progress of athletic event, enforce rules and regulations during play, and impose penalties (ejections /suspensions) on teams or players when necessary. Softball Sports Officials shall work independently, unless specified otherwise by the Sports Supervisor or his /her designee. Should there be an issue that inhibits the safe playing of the game; it is the responsibility of the umpire to rectify the problem: B. Anti - Discrimination Laws Sports Official agrees and certifies that, except as permitted by law, no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age, physical' disability, mental disability, medical_ ,condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, be excluded from participation in or be ,denied, the, benefits of the services provided pursuant to this Agreement, and Sports Official agrees not to discriminate on said grounds in the hiring and retention of employees and.Sports Official, unless authorized under Section 12940 of the California Government Code, Sports Official shall, where applicable, conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. C. Contact Information. Sports Official is required to notify City Contract Administrator in writing of any name, address, telephone number, email, website or direct deposit - payment changes within forty -eight (48) hours of such change. All Sports Officials are required to provide City with a current email address. Auger Page 3 <of 8 D. Other Requirements Sports Official shall: L Cooperate fully with all reasonable requests from City staff. ii. Maintain the highest degree of participant safety possible. iii. Immediately report to the Contract Administrator of any injuries. iv. Immediately report to the Contract Administrator any damage to gymnasium or field that could cause potential injury to a league participant, or other needed maintenance repairs. V. Clear all participants from the designated area at the end of game unless participants continue to use public City facilities for personal use without conflict with other scheduled activities and in accordance with posted hours and availability limitations. ix. Close and secure the gym or building at the end of each sporting event. X. Turn off any lights, heat, air conditioning, or other utilities when last game is finished. xiii. Know facility rules and regulations and provide pertinent information. xv. Abide by all City policies and procedures. E. Direct Deposit. All Sports Officials are required to use direct deposit for payments made from the City pursuant to this Agreement. E. NOTICES All notices, - demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or by e-mail, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Sports Official to City shall be addressed to City at: Attn: Scott Williamson, Sports Supervisor Recreation & Senior Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 =644 -3160 - `Fax: 949` -644 -3155 E -mail: swilliamson @newportbeachca.gov Dan Auger Page 4 of 8 All notices, demands, requests or approvals from City to Sports Official shall be addressed to Sports Official at the e-mail address provided herein on the signature page of this Agreement. F. INDEPENDENT CONTRACTOR The parties intend and agree that at all times during the performance of services under this Agreement; Sports Official shall act as an Independent Contractor and shall not be considered an agent or employee of City< As such, Independent Contractor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his /her own workers compensation and unemployment insurance and that of his /her employees or representative. Independent Contractor also agrees to provide liability insurance as required by City and described more fully below. City shall not be liable for any payment or compensation in any form to Independent Contractor other than as provided herein. City reserves the right to employ other independent contractors who officiate the same or similar leagues. City shall provide Independent Contractor with IRS Form 1090 or other applicable IRS forms at the end of the calendar year for all compensation paid to Independent Contractor by City. G. INSURANCE A. Southern California Municipal Athletic Federation Liability and Supplemental Medical Package. Sports Official shall pay to the City fifteen dollars ($15.00) subject to change each calendar year [check in the amount of $15.00 must be provided to the Sports Supervisor] and is not pro- rated) for the purchase of the Southern California Municipal Athletic Federation Liability and Supplemental Medical Package that includes: • $1,000,000 Liability Coverage Per occurrence, Unlimited General Aggregate • $15,000 Supplemental Medical Coverage B. Automobile Liability Coverage. Sports Official shall maintain automobile insurance covering bodily injury and property damage for all activities of the Instructor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence, or as otherwise approved by the City's Risk Manager or his /her designee. Copy of insurance card must be provided to Sports Supervisor. H. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK Dan Auger Page 5 of 8 Sports Official must submit to and pass a criminal background investigation by providing a complete set of fingerprints to City at least thirty (30) calendar days prior to taking an assignment. Sports Officials are required to submit fees to the City of Newport Beach, Recreation & Senior Services Department, to cover all costs associated with fingerprinting through the City of Newport Beach Police Department and the Department of Justice. Fingerprints are required to be updated every five (5) years. This requirement is mandatory. INDEMNIFICATION To the fullest extent permitted by law, the Independent Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this . Agreement, any services provided under this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require Independent Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Independent Contractor. J. TERMINATION City has the right, at its sole discretion and with or without cause, to terminate this Agreement at any time by giving three (3) calendar days prior written notice to Sports Official. In the event of termination under this Section, City shall pay Sports Official for any games attended, if any, up to the effective date of termination. K. STANDARD PROVISIONS A. Compliance with all Laws. Independent Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. Dan Auger Page 6 of 8 B. Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. C. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and contracts of whatsoever kind or nature are merged herein. No verbal contract or implied covenant shall be held to vary the provisions herein. D. Amendments. This Agreement may be modified or amended only by a written document executed by both Independent Contractor and City and approved as to form by the City Attorney. E. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. F. Notice of Claims. Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Independent Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Independent Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Independent Contractor in writing as unsettled at the time of its final request for payment. The Independent Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Independent Contractor shall be required to file any claim the Independent Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). G. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Dan Auger Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: By: Mynette D. Beauchamp Laura Detweiler, Director Assistant City Attorney Recreation & Senior Services ATTEST: Date: Leilani I. Brown City Clerk Official Name Address Cell Phone nail address INDEPENDENT CONTRACTOR: Sports Official Date: Dan Auger Serving as: Type of Official City, State zip Business Phone Home Phone Dan Auger Page 8 of 8 Exhibit B F-20 CONTRACTS WITH FORMER CITY fiMPI 0YEi5 PURPOSE To establish a city policy regarding contracting with former city employees. POLICY When not more than 5 -years has passed since a person who is a former City employee. has left service with the City: 1. All professional services contracts with former city employees or temporary employment contracts with retiring or former city employees shall require approval of the City Council; and 2 Council approval shall also be required for professional services contracts with a corporation or other business entity owned or operated by a former City employee or that employs a former City employee. Adopted - November 10, 1997 Amended - March 9, IM Amended - March 2Z, 1999 Amended - April 8, 2003 Foarterly J -1