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Home My WebLink AboutBeach City Life, dba Beach City Sports - 2023-03-01 (2) SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEACH CITY LIFE, DBA BEACH CITY SPORTS FOR ADULT SAND SPORTS THIS SERVICE PROVIDER AGREEMENT ("Agreement") is made and entered into by and between the CITY of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Beach City Life dba Beach City Sports a corporation, hereinafter referred to as "CONTRACTOR", and collectively referred to as "PARTIES", to provide activities, herein referred to as "PROGRAM" for Adult Sand Sports. RECITALS The CITY desires to retain an CONTRACTOR having special skill and knowledge in the field of Adult Sand Sports implementation and operation; and The CONTRACTOR represents that CONTRACTOR is able and willing to provide such services to the CITY; and In undertaking the performance of this Service Provider Agreement, CONTRACTOR represents that it is knowledgeable in its field and that any services performed by CONTRACTOR under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field; and CONTRACTOR has been selected to perform these program services pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code Chapter 3.02, relating to procurement of service contracts have been complied with; and. 1. PROGRAM CONTRACTOR has submitted and CITY has accepted the "Program Proposal," which includes the CONTRACTOR's scope of service and statement of qualifications, referenced by attachment as Exhibit "C". 1 22-11948/293987 2. PREMISES The Premises shall be operated and managed for the purpose of Adult Sand Sports league activity only. CONTRACTOR may conduct the Program on the CITY beach between 10th and 15th Streets. CITY shall retain full possession of the Premises and Amenities, and CONTRACTOR shall not acquire any ownership interest, temporary, permanent, irrevocable, possessory, or otherwise, in the Premises and Amenities, by reason of this Agreement. CONTRACTOR's Program site and its immediate surroundings are shown in Exhibit "A" location aerial map for reference. CITY reserves the right to relocate the Program should the need arise due to weather, natural disaster, facility issues or other acts beyond the CITY's control. In addition, the location may be moved or modified to accommodate Specific Events located at the Beach, Pier Plaza, and/or adjacent parking lots. 3. TERM The Community& Library Services Department shall administer this contract on behalf of the CITY. The Term of this Agreement shall be for a period of two (2) years, commence on March 1, 2023 (the "Commencement Date,") and shall terminate on February 28, 2025, unless terminated earlier as provided herein. The Term of this Agreement may be extended up to two (2) additional one-year (1) terms upon mutual agreement of Parties evidenced in writing. CITY may withhold consent to extend this Agreement with or without cause, in which case this Agreement shall terminate. The time for performance of the tasks identified in Exhibit "B", Scope of Service, are generally to be shown in Exhibit"B". This schedule may be amended to benefit the Program if mutually agreed to in writing by Parties. In the event the Commencement Date precedes the Effective Date, CONTRACTOR, shall be bound by all terms and conditions as provided herein. CONTRACTOR hereby designates Wesam ("Sam") Jreisat, Owner, Beach City Life dba Beach City Sports, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 4. SCOPE OF SERVICES CONTRACTOR shall provide all services as described in Exhibit "B", which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Program". 2 5. COMPENSATION 5.1 Program. In accordance with the Scope of Services attached as Exhibit "B", CONTRACTOR shall collect all registration fees, when applicable, for the Program that operates four (4) seasons per calendar year. CONTRACTOR shall be responsible for all costs associated with the administration of the Program as further described in the Scope of Services. 5.2 Remittance. CONTRACTOR shall set the Program session start dates in collaboration with the CITY. CONTRACTOR shall remit eighteen percent (18%) of the collected registration fees to CITY, less the materials fee, along with a roster of participants by the fifteenth (15th) day of the month following the close of each Program session. CONTRACTOR shall include a Report with the payment. The Report shall include the Program session dates, total number of registrants, and such other information as CITY may require. All payments and reports shall be sent to the CITY as provided under this Agreement. Remittance Address: Community & Library Services Department CITY of Huntington Beach 2000 Main Street, 5th Floor Huntington Beach, CA 92708 5.3 Materials Fee. CONTRACTOR may charge an additional materials fee for league registration of up to Thirty Five Dollars ($35.00) for jerseys, awards and website administrative related expenses only. Any materials fee must be approved in advance by CITY prior to commencement of the new Session registration and must be collected by CONTRACTOR at time of registration. 5.4 Late Charge. In the event that CITY does not receive payment on or before the fifteenth (15th) day after the end of a Session, a late charge of 10 percent (10%) of the amount due shall be applied to any outstanding balance beginning the twentieth (20th) day. If payment is received after the fifteenth (15th) day of the month following the end of the Session, but postmarked on or before the twentieth (20th) day, the revenue shall be accepted without penalty. If payment is received thirty (30) days or more after the due date, an additional one-and-a-half percent (1.5%) penalty shall be assessed daily until paid in full. 5.5 Records and Audits. CONTRACTOR shall make available for CITY inspection a complete and accurate set of CONTRACTOR's books and records of all participants 3 registration and gross sales revenue. CITY requires access to the back-end of CONTRACTOR's registration system and may inspect records in lieu of registration books (Books). CITY has a right, upon reasonable notice, during the Agreement and any extension thereof, and within three (3) years after Expiration or Termination of this Agreement to inspect and audit CONTRACTOR's books and records and to make transcripts therefrom to verify the payment due CITY. CITY may conduct the audit at any reasonable time during normal business hours in a manner that minimizes any interference with the conduct of CONTRACTOR's business operations. CONTRACTOR shall cooperate with CITY in making the inspection and audit. 6. DUTIES OF THE CITY 6.1 Publicity. CITY shall provide publicity for the Program in the SANDS Recreation, Community & Library Services & Programs Guide (SANDS). CITY shall have the sole discretion regarding the Class and CONTRACTOR information published in the SANDS. Publicity may also include flyers created by CONTRACTOR or CITY. CONTRACTOR is encouraged to do additional marketing of their Program. Any CONTRACTOR-created flyers must be approved in writing by CITY before distribution. 6.2 Program Facility. CITY shall provide a location for the Program without charging CONTRACTOR any rental fees, unless otherwise agreed by the Parties. CONTRACTOR will request dates and times for the Programs. CITY will inform CONTRACTOR of facility availability. It is CONTRACTOR's sole responsibility to request these dates and times. In no event will CITY schedule CONTRACTOR's Programs. Only CITY authorized programming may be held at or on a CITY facilities or property. 6.3 Operation of Program. CITY shall not direct nor control CONTRACTOR's Program. Operation of the Program is the sole and exclusive responsibility of CONTRACTOR. 7. CONTRACTOR DUTIES 7.1 CONTRACTOR. Any contractor, sub-contractor(s), representative(s), volunteer(s) or employee(s) (collectively "Representatives") who will be administering or leading the Programs or assisting in said Programs must be qualified to perform the services described in the Scope of Service (Exhibits "B"). CONTRACTOR is responsible for all Program activity development. CONTRACTOR is responsible for training, supervising, evaluating, scheduling, and any other legal requirements for all Representatives. 4 CONTRACTOR will furnish the necessary personnel to provide a high quality Program as outlined in the Scope of Service referenced in Exhibit "B". 7.2 Representatives. CONTRACTOR shall provide CITY with the name(s), address(es) and phone number(s) of all Representatives who will be providing any services pursuant to this Service Agreement. All Representatives of CONTRACTOR must comply with the CITY's Fingerprint Policy(Section 9), and with all State and Federal labor laws. 7.2.1 Representative Approval Form. Attached as "Exhibit D", and incorporated herein by reference, is the Representative Approval Form ("Form"). Each CONTRACTOR Representative is required to obtain the written approval of the CITY prior to performing any services under this Agreement. Prior to CONTRACTOR using any Representative to provide any services pursuant to this Agreement, CONTRACTOR shall submit to CITY completed information on Form. CONTRACTOR, at the sole discretion of CITY, shall remove from the Program any Representative assigned to the performance of services pursuant to this Agreement upon written request of CITY. It is the responsibility of the CONTRACTOR to notify the CITY immediately if there are any changes in the approved Representatives once the Program has commenced. 7.2.2 Please initial the statement that applies: ' I will not be using Representatives. ❑ I will be using Representatives. Any completed and approved Form shall be incorporated herein by reference. I shall not authorize any Representative to provide services pursuant to this Agreement unless and until the Community & Library Services Director or their designee has approved in writing the completed Form for that individual Representative. 7.3 Sub-contracting. CONTRACTOR shall not sub-contract or assign any portion of the rights, obligations or duties required under this Agreement, without first obtaining prior written approval from CITY. Sub-contracts, if any, shall be subject to all provisions of this Service Agreement. 7.3.1 Program Representatives include but are not limited to Referees, Photographers, First Aid, Scorekeepers and Administrative Staff. 5 7.4 Supplies/Equipment. CONTRACTOR shall be responsible for providing all supplies, equipment, personnel and materials, at CONTRACTOR's sole expense. CONTRACTOR shall also be responsible for repairing, cleaning and maintaining all equipment and supplies. All CITY equipment and facilities should be left clean and in good working order and appearance after each use. 7.5 Program Size. CONTRACTOR shall determine the minimum and maximum number of participants required for each Program to ensure the quality and safety of the participants with consideration given to the size of the facility to be used. 7.6 CITY Cancellation. CITY reserves the right to cancel or reschedule the Program or any portion thereof due to other activities or events that may conflict with the Program. CITY reserves the right to change the Program schedule due to specific events, weather, natural disaster, facility issues, health and safety, or other acts beyond the CITY's control. In most cases, CITY will notify CONTRACTOR no less than 7-days in advance, should modification be required to the date or location of the Program. However, CITY will strive to provide as much notice as reasonably possible in the event of modification or changes due to situations beyond the CITY's control. 7.7 CONTRACTOR Cancellation. CONTRACTOR may cancel the Program or any portion thereof if the minimum number of participants is not met, in which case CONTRACTOR shall notify CITY and all registered participants of the cancellation and provide refunds as warranted. 7.8 Contact Information. CONTRACTOR is required to notify CITY in writing of any name, address, telephone number, email, website, or direct deposit payment changes within forty-eight(48) hours of such change. 7.9 Registration. CONTRACTOR shall provide an online player registration system and related software to all participants to collect enrollment fees, "Software Registration System". 7.9.1 Software Registration System: CONTRACTOR is responsible for providing a point of contact with the software registration company to CITY for CITY's use to verify the accuracy of the program rosters submitted by the CONTRACTOR. 6 7.9.2 Software Accessibility: CONTRACTOR shall provide a method for CITY to monitor and/or verify registration through the backend of the CONTRACTOR's software program. 7.9.3 Program Rosters: Shall include participants full name, address, including CITY and zip code, sport type and registered team name. 7.10 Attendance Records: Emergency Evacuation. CONTRACTOR is responsible to have completed attendance records in their possession during Program sessions. CONTRACTOR shall be responsible for accounting for all Program participants in the case of an emergency evacuation. 7.11 Injuries or Damages. CONTRACTOR shall immediately report to the CITY if any injury should occur to the CONTRACTOR, Representative, or a Program Participant. CONTRACTOR shall first attempt to contact CITY staff by phone, then follow-up by e-mail. CONTRACTOR shall complete an Incident, Injury and/or Emergency Report to the CITY documenting any injuries to Program Participants due to Program participation; damages to the program facility or property that could cause potential injury to a Program participant; and any needed maintenance or repairs to the Program facility or property. 7.12 Class Roster and Attendance Sheets. CONTRACTOR shall provide rosters and attendance sheets to CITY upon request. 7.13 Storage. CONTRACTORs or Representatives are not permitted to use facilities or CITY property for storage without the written permission from the CITY. 7.14 CONTRACTOR Photo ID Badge. CONTRACTOR and its Representatives are required to wear a CITY-provided CONTRACTOR Photo ID Badge at all times while engaging in services for CITY. CONTRACTOR Photo ID Badges are distributed upon execution or renewal of the Agreement with CITY. CONTRACTOR must notify CITY within 48 hours of separation of any of CONTRACTOR's Representative, and immediately return the Representative's Badge to CITY. 7.15 Other Requirements. CONTRACTOR shall: 7.15.1 Cooperate fully with all reasonable requests from CITY staff; 7.15.2 Maintain the highest degree of participant safety possible; 7 7.15.3 Complete and return the quarterly SANDS Information Request Form by the established deadline requested by CITY if CONTRACTOR wishes to advertise through the CITY's recreation guide; 7.15.4 Know facility rules, regulations, and procedures and provide pertinent information (e.g., refunds, evacuation plan) to participants. 7.15.5 Participate may be required to participate in the mandatory Contract Instructor meeting held annually by the Community & Library Services Department. 7.15.6 Clear all participants from the designed Program area at the end of Program time unless participants continue to use public CITY facilities for personal use without conflict with other scheduled activities and in accordance with posted hours and availability limitations. 7.15.7 Ensure that any music or sound system is kept at levels that will not interfere with other Programs or create a public disturbance/nuisance. 8. NOTICES 8.1 Unless otherwise indicated, all notices, demands, requests or approvals, including change of address notices, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, electronically (with time and date stamp), or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 8.2 All notices, demands, requests or approvals from CONTRACTOR to CITY shall be addressed to CITY at: CITY of Huntington Beach Beach City Sports Attn: Dir. of Community & Library Services Attn: Wiesam Jreisat 2000 Main Street 1706 Lake Street PO Box 190 Huntington Beach, CA 92646 Huntington Beach, CA 92648-2702 sammy@beachClTYsports.com 9. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK 9.1 CONTRACTOR and its Representatives shall comply with all local, state, and federal laws and regulations. CONTRACTOR and its Representatives shall submit a set of fingerprints to the Human Resources Department as required by California Education Code 8 Section 10911.5 at their own expense and shall submit proof of fingerprinting to CITY. The California Department of Justice performs a criminal background check and CONTRACTOR and its Representatives must pass background check and receive approval of CITY Human Resources Department prior to teaching, substituting for CONTRACTOR, or assisting with any Program. 9.2 If within the scope of duties related to the Program, CONTRACTOR has knowledge of or reasonably suspects child abuse, CONTRACTOR shall immediately report to CITY staff. CITY staff will take the steps necessary to assure that the CITY completes reporting procedures required by Section 11166 of the California Penal Code. CONTRACTOR must read and sign Acknowledgement of State of California Requirement To Report Knowledge or Suspicion of Child Abuse (Penal C § 11166) (Exhibit E). 10. SPONSORSHIP BANNERS AND SIGNS ON PREMISES Per M.C. 13.48.140 (Advertising), limited commercial/sponsorship signage may be allowed at the Beach with the approval of the Director of Community & Library Services (Director) or their designee. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an Independent CONTRACTOR herein and not as an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the Program and/or the services to be performed hereunder. 12. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any sub-contractors, anyone directly or indirectly employed 9 by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. 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 CONTRACTOR. 13. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to CITY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all sub-contractors to provide such workers' compensation and employer's liability insurance for all of the sub-contractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation and Employer's Liability Insurance and CONTRACTOR shall similarly require all sub-contractors to waive subrogation. 14. GENERAL LIABILITY INSURANCE In addition to the Workers' Compensation and Employer's Liability Insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which 10 includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 15. AUTOMOBILE LIABILITY INSURANCE CONTRACTOR shall obtain and furnish to CITY an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONTRACTOR's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "CITY of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of CITY. 16. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY a certificate of insurance subject to approval of the CITY Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 16.1 provide the name and policy number of each carrier and policy; 16.2 state that the policy is currently in force; and 16.3 promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 11 This requirement for carrying the foregoing insurance coverage shall not derogate from CONTRACTOR's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 17. CONFLICT OF INTEREST CONTRACTOR covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 18. NOTICE OF COMPLIANCE All work required hereunder shall be performed in a professional manner. If CITY determines that CONTRACTOR is not in compliance of this Agreement, be it workmanship or contractual, CITY shall notify CONTRACTOR in writing with a request to rectify the required compliance. CONTRACTOR shall make all attempts to remedy the issue of compliance within thirty (30) days or CITY may terminate the Agreement. 19. TERMINATION OF AGREEMENT CITY may terminate CONTRACTOR's services hereunder at any time with or without cause, upon thirty (30) days prior written notice, delivered to CONTRACTOR as provided herein. 20. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONTRACTOR, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONTRACTOR. The Parties agree that any terms or conditions of any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONTRACTOR or the CITY. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. 12 21. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONTRACTOR, CONTRACTOR may not assign, transfer, delegate, or sub-contract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or sub-contract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services, which are the subject to this Agreement performed by CITY personnel or by other CONTRACTORs retained by CITY. 22. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 23. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 24. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both Parties. 25. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the Parties or affect the construction or interpretation of any provision of this Agreement. 26. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Service Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties. If any 13 provision of this Service Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Service Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 27. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 28. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 29. LEGAL SERVICES SUB-CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any sub- contractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 30. CONFIDENTIALITY CONTRACTOR recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature 14 from improper use or disclosure. CONTRACTOR warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, CONTRACTOR agrees, at the request of the CITY, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 31. DISCRIMINATION CONTRACTOR shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONTRACTOR affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 32. JURISDICTION—VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 33. PROFESSIONAL LICENSES CONTRACTOR shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the CITY immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15 34. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 35. SURVIVAL Terms and conditions of this Service Agreement, which by their sense and context survive the expiration or termination of this Service Agreement, shall so survive. 36. GOVERNING LAW This Service Agreement shall be governed and construed in accordance with the laws of the State of California. 37. EFFECTIVE DATE IN WITNESS WHEREOF, the PARTIES hereto have caused this Service Agreement to be executed by and through their authorized officers. This Service Agreement shall be effective on the date of its approval by the City Attorney. This Service Agreement shall expire when terminated as provided herein. 38. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 39. ENTIRETY (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 16 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. CONTRACTOR CITY OF HUNTINGTON BEACH, a BEACH CITY LIFE, dba municipal corporation of the State of BEACH CITY SPORTS California By: I 1-4-4 loge:3 Mayor 'k)--) @s'r?, ( 7, 5 4- Print name Q ITS: (circle one) Chairmanreside 7. d billidku) Vice President City Clerk v/.24/�All AND By: 'W3C0,0\i,9-, ---Sre;ASa\ INITIATED AND APPROVED: Print name ITS: (circle one VtagrI0 Chief Financial ' Officer/Asst. Secretary-Treasurer Director o 1.i. & Library Services APPROVED AS TO FORM: City Attorney ke iii*k ► i 'PROVED iii *la k City7W=ger 17 EXHIBIT "A" PROGRAM LOCATION MAP Huntington City Beach Between 10th Street to the Southeast and 15th Street to the Northwest ,; BBSL G�on• st chop•r f „,,) J ry i� 2 }' f'`i'' p • t,�' • • �da i I S P t ,, Golden©CE fl Fee' •y f.,4 , 'Pier House Ape.artmentsh'}jr`4,.,,,.,v,,.''4,,,p r►.",=t ",t f kr'' • volleyball(a '1t `\\ ;! ® .\ '';,r<' f f.. Seven"b'ha iI $ , `,/ )4. ' *• . Huntington ' ,y La hers, Hunt ngt• ,..Sr. '' Lifeguard Tower 1.a n • Beach `,`�' °T /' g � w ram . �:. ar t {, ri.i 4 ,..,, ' 1 '. "f'f`` t t0 e, 4 ,. ' VIM StreetBeach Park fi t a r **.• \ •,/, ;., e 1,,,t3). e 1111 Roped Fields '..l4' t n0 ra 1, i Customer Service Tents ��,, IF .'fiuptIngto rf�( Lifeguard Truck Paths r n gton Bea¢h jlt • t ► i,.clusive Playground . .\ City of Huntington Beach Service Agreement— Page 20 EXHIBIT "B" SCOPE OF SERVICES GENERAL SERVICES: Operator shall at all times during the term of the Service Agreement, at its own cost and expense, provide administration, marketing, management, site preparation, personnel, and supervision of the day-to-day operation of the adult sand sports league activities. CONTRACTOR will cultivate community connectedness, work cross-culturally, to foster harmony and accessibility to those who wish to participate in league activities. Sand sports leagues, including sand sports tournaments, may operate seven (7) days a week, 7:00 am until dusk, during non- peak season, and weekday use only from Memorial weekend through Labor Day weekend. The area designated for adult sand sports league play is on Huntington Beach City beach approximately between 10th — 15th Streets. The CITY reserves the right to change the schedule due to weather, natural disaster, facility issues, or other acts beyond the control of the CITY. Additionally, the CITY reserves the right to cancel or relocate the league play from time to time due to other activities or beach events that may conflict with the league activities. No Activity Dates: CITY may enforce no activity dates for holidays and major events that impact beach access. Such dates include, but are not limited to, the Pacific Airs how, the US Open of Surfing, and the Fourth of July Celebration. The CITY and CONTRACTOR shall follow all health and safety guidelines and regulations, put forth by the Federal, State, County and other governmental health agencies. CITY will provide a staff member of the Community & Library Services Department as the primary contact for business purposes. CITY shall review with CONTRACTOR and approved Program activities details prior to inclusion into the SANDS Guide. A. ADMINISTRATIVE: CONTRACTOR shall provide the following minimum services: 1. Marketing and Community Outreach: 19 a. Design, publish and distribute all league marketing materials, and forms. Materials to include print and digital media platforms, and copy for the SANDS Guide. b. Mailing list processing, maintenance, generation and all expenses related to mailing. c. Design and operate a website for the league(s) activities that may include but are not limited to, activity registration, field schedules, statistics, and team standings, as examples. d. Dissemination of social media and public relations materials. CITY reserves the right to have CONTRACTOR remove any marketing or messaging that is not in line with the CITY's core values. 2. Reports and Allocation Schedules a. Copies of the schedules shall be provided to the CITY for approval prior to the opening of each season's registration period. Date change requests must be submitted and approved no less than three(3) days prior to game date. b. Prepare and distribute any required forms, league schedules, and rosters, (verifying to the best of their ability that all players are of legal age, and have legally initialed and signed forms, ruling on player's eligibility, and addition and deletion of players as necessary). 3. CITY Compensation CONTRACTOR shall pay CITY eighteen percent (18%) of the collected registration fees per Program Session, less the materials fee, by the fifteenth (15th) day of the month following the close of each Program session. (See Section #5 of the Service Agreement for Compensation details.) B. OPERATIONAL PLAN: 4. Activity Equipment a. CONTRACTOR shall be expected to provide all essential game materials that are in line with best management practices of a professionally run sports league. b. Supplies, game equipment and inventory shall be maintained in good working order and appearance. c. CONTRACTOR shall provide markers, such as plastic cones or other appropriate means to mark off the area of play. No chalk, paint, or substance may be used to mark the sand. 20 5. Staffing—Sports Activity Coordination a. CONTRACTOR or CONTRACTOR's Staff shall provide general supervision of fields (area of play), games, and disciplinary action of CONTRACTOR's staff, spectators and participants. b. CONTRACTOR or CONTRACTOR Staff shall be responsible for the scheduling of all game officials and pertinent personnel to conduct the respective sand sport league activities. 6. Statistical support to include: a. Track team standings, game results, scores, and check for accuracy. b. Classification of league teams to ensure balanced competition. c. Preparation and distribution of league schedules. d. Statistical summary reports including league schedules. 7. Rules/Regulations, Game Officiants, and Scorekeepers a. CONTRACTOR may develop rules and regulations in accordance to prevailing rules in surrounding private or municipal adult sports leagues or programs, and establish appropriate ground rules for the sand sports in the interest of safety and fair play. The CITY reserves the right to modify any ground rule or"house rule" set forth by the CONTRACTOR. b. CONTRACTOR shall be responsible for hiring, scheduling, supervising and paying game officiants and/or scorekeepers for sports activities, if applicable. c. Game officiants and scorekeepers are considered sub-contractors of the CONTRACTOR. The CONTRACTOR shall assume full responsibility for the conduct of staff, sub-contractors, game officiants, scorekeepers, volunteers, etc. At its sole discretion, the CITY reserves the right to bar any of the aforementioned individuals if deemed necessary. C. FACILITY: 1. Signage Per M.C. 13.48.140 (Advertising), limited commercial/sponsorship signage may be allowed at the Beach with the approval of the Director of Community & Library Services (Director) or their designee. 21 2. Sales Per M.C. 13.48.100 (Vending and Peddling), requests to sell any onsite merchandise, third-party services, vendor, sponsorship activations or branding is prohibited on CITY property and must be approved by the Director or their designee. 3. Parking Lot Services a. CONTRACTOR shall have non-exclusive use of the beach parking lots and parking meters. Use of the beach parking lot and parking meters for purposes other than to park cars shall be prohibited without prior approval by CITY. Beach parking lots and parking meters are public pay lots and require appropriate payment for each use or a current annual beach parking pass in order to park. b. CITY will retain all parking lot meter revenue. 4. CONTRACTOR Maintenance Responsibilities 5. CONTRACTOR shall provide and be responsible for all daily beach field maintenance, which includes set up and reset of beach field (sand) area. In addition, CITY may, from time to time, make certain improvements, which it deems to be advantageous or necessary for the protection of public property, or for the safety of participants and spectators. 6. CONTRACTOR shall provide the equipment and supplies necessary to complete the maintenance tasks for all beach fields. 7. CONTRACTOR shall only use approved equipment to maintain the beach fields. No pick-up trucks shall be permitted to drag beach fields for preparation of surface areas. 8. CONTRACTOR shall report to CITY as soon as possible any items of health or safety and items of public and staff safety concerns. 22 EXHIBIT "C" CONTRACTOR'S PROPOSAL OF SERVICES 23 Cover Letter Hello from your local beach flag football league organizers! Beach City Sports (BCS) was founded in 2011, right here on the steps to the sand at 11th street & PCH. We now boast being the largest coed beach flag football league in the world ... just one more detail that contributes to the World Famous Huntington Beach! We hope you will agree in this proposal that we are the MOST qualified company to operate and manage adult sand sports leagues within the City of Huntington Beach. BCS has been in good standing with several of the city's permit offices for over a decade: Beach flag football through the Beach Commissioner's office. Adult Kickball through both Edison Community Park and the HB Sports Complex. And beach volleyball through the Huntington State Beach permit office. (In addition, Beach City Sports is the official contractor for adult sports in the cities of Newport Beach, Irvine, and now Tustin) Our intention is to solidify our relationship with the City of Huntington through a 3-5 year contract for adult beach flag football, youth beach football, and to open conversations for enhancing the offerings of adult socials sports through one or more of our other offerings (Spikeball, Basketball, Pickleball, Cornhole, Ultimate Frisbee, etc.). After outlining the structures we have in place to manage our staff, safety procedures including our onsite licenced Athletic Trainers (which set our standards above leagues country-wide), and a peek at our community outreach & marketing plan .... We hope you will accept our bid that honors the most recent price set by the city w/a Flat Fee Rate of : $550 per day* Equates to about $5,000 per season, 4 seasons a year Thank you for your consideration and we look forward to hearing from you, Sam & Brooke Jreisat Co-Founders of Beach City Sports. (888)227-5060 office 1706 Lake Street Huntington Beach, CA 92648 W 0 Passionate about Creating& Connecting Communities "Get In and Get Social...."(o BeachCitvSports REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: [J NEW CURRENT VENDOR Legal Contractual Name of Corporation: Beach City Life Wesarn Jreisat Contact Person for Agreement: 1706 Lake Street Corporate Mailing Address: Huntington Beach CA,92648 City,State and Zip Code: sarnmylgoaactieitysports_com E-Mail Address: 949-502-1413 Phone: Fax: laiVesant ireisat Contact Person for Proposals: Owner Title: E-Mail Address: 688-227-SO60 Business Telephone: Business Fax: Is your business:(check one) NON PROFIT CORPORATION Li FOR PROFIT CORPORATION Is your business:(check one) Ej CORPORATION LIMITED LIABILITY PARTNERSHIP INDIVIDUAL SOLE PROPRIETORSHIP PARTNERSHIP El UNINCORPORATED ASSOCIATION I of2 Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authodzationfroolution to sign contracts) Names Title Phone Wesam Jrelsat President 849-502-1413 Brooke Jreisat Secretary 505-804-7013 810745492 Federal Tax Identification Number: A312834 City of Hwitington Beach Business License Number: (If none,you must obtain a Huntington Beach Business License upon award of contract) 1 2131i2022 City of Huntington Beach Business License Expiration Date: I A 2 of 2 BACKGROUND AND PROJECT SUMMARY SECTION Beach City Sports is the most qualified group of local individuals capable and bidding to manage adult sand sports leagues for the City of Huntington Beach. We have been facilitating sports on the sand since 2011. Our leagues have become a "staple of HB" to its residents, and to our players driving in from other cities - some of them from up to 2 hours away. Our leagues are the catalysts for hundreds of individuals moving to our area, after they get involved in our community and get hooked on playing in our social sports leagues. Our intent with this RFP bid is to secure a 3-5 year contract with the City of Huntington Beach for the beach flag football leagues that are currently being operated by us through city permits from 10th-14th street; As well as to more-closely-partner with the city of Huntington to identify additional adult sand sports which can be programmed for league play on the city's beaches. r8. wt. ,.. BCS EXPERIENCE AND HISTORY: i. Beach City Sports has been hosting permitted adult flag football leagues in Huntington Beach since September of 2011. Since that time we have hosted over 10,000 games at our 11th Street location (not including our leagues in Newport Beach, Long Beach, and Irvine). Our custom-built website, scheduling software, and user-facing app demonstrates how important organization and customer communication is to our brand. Most notably to point out, BCS has been in business with the city of Huntington Beach for 11 years with a stellar record of ontime payments and zero city complaints - that we know of- during our permit hours. ii. We are fully insured and have approved Certificates of Insurance on file with the city. No certification requirements to list, although we are an award winning 6 year member of the North American Social Sports Industry Association : www.ssia.us. iii. Operation locations include : 11th Street & PCH HB, Edison Park HB, HB Sports Complex, Newland & PCH HB, Balboa Pier Fields NB, Bonita Creek Park NB, Bill Barber Park Irvine, OC Great Park Irvine, Tustin Sports Park. iv. Partnerships with local companies & services listed at www.beachcitysports.com/vip v. Adult Sports we specialize include flag football, kickball, volleyball, cornhole, basketball, Spikeball, pickleball, softball, soccer, and golf tournaments. NEW this year we have opened up Youth 4-Day Summer Camps & Fall 2022 Youth Leagues. We'd love to share more youth sports with families in Huntington Beach, if grades 1st - 8th are in alignment with city offerings. vi. HB Flag Football Enrollment over the last three years : • 2019 : 2800 participants • 2020: 750 (most of these refunded) due to COVID restrictions • 2022 YTD : 1500 vii. Organizational chart &job descriptions. Beach City Sports is an equal opportunity employer. The company currently has 4 full-time staffers (Resumes uploaded here), and we fluctuate between 8-25 part time employees depending on the time of year. As a part of our ethical business practices, we organize our payroll and stay current on state employment laws through ADP tech and services. MEET Code SMFF YOVtL 8E INTE*ACTlN6 WITH OWE Ok, MORE O,F MESE CLEAT FOLKS F*66'4 OVE 6FRCE Sam Jreisat(949)502.1413 Brooke Jreisat(505)804-7013 Vy Mai:(714)334-6429 Alma Mendez ,CbQacbcltXsaQri5,m1rn tysthezbezclialy5ports.can nlaulameisu} grr2aLora atna440;1Gz 5Q4mails;Qm Owner&Co-founder Owner&Co-founder Operations Manager Supplies Manager ..s4 e 1r1 4.1 Ak- Aaron Seitz Albert Mendez Taylor Terca Elena Levenson aya4ZIQ4unail,com 1%&iw ,t;ylg;Q�rn=aila.csitu tay)�t�.rca2aQylna 'r wgn+c.larb QZ mu1t Q4rL Equipment Manager Senior Referee Senior Referee Volleyball Manager San Brooke Jreisat Vy Mai Aaron Seitz HR&MARKETING OFFICE MANAGER OPERATIONS ONSITE STAFF TENT MANAGERS PHOTOGRAPHERS REFEREES EQUHPTMENT Employee Employee Employee Transportation VY SAM BROOKE • Customer Service • Taxes • Permits&City Communications o Daily Emails • Quickbooks&Accounting • Photographer Hiring&Scheduling o Phone Calls • League Insurances • Ambassador Hiring,Training& • New Employee Onboarding • Referee Hiring,Training& Scheduling • New League Announcements Scheduling • New League Announcements o LeagueLab settings • Equipment&Garage o Dates,Times,&Seasons o Cover Graphics Management o FB Announcements o Mailchimp templates • Field construction • Social Media Marketing o Website menus • Lead Rules Committees o IG posts o Blogs • Player Misbehavior Discipline o FB events • Captain and free agent emails • Additional Marketing for Sales • Weekly league newsletters • Bi-monthly Payroll • Game Schedules&Reschedules • Bi-weekly Newsletters • Open and close registrations • Tech Maintenance • Free agent placement and intros o LeagueLab website • Opening Day&Playoffs Paperwork o MobileApps/Chad • Captain's contact list • Social Events • Coupon Code policing • Sponsors/Partnerships • Charge captains for minimum roster o VIP card • Team shirt orders&distribution o Sponsor Bars • Team Theme Week coordination o NOI scheduling • Facebook album descriptions • Volleyball Management • City of Newport Reg Accountability o o Email and charge players • Playoff Brackets SHARED: • Line Judge scheduling • Team Division Assignments • End of Season Party Awards • • Championship Awards Purchasing • Rules Committee Attendance • Onsite fill-ins • Employee clock-ins and outs BCS OPERATIONS PLAN: Proposed plan for initial beach flag football league: i. Goals and objectives : Our primary goal is to continue serving the city of Huntington Beach and it's residents by offering our weekly beach flag football leagues 4 seasons a year. Our secondary goal is to partner more-closely with the city to bring new sports to the beach to create community around social sports! ii. League descriptions : Huntington Beach Flag Football Fall 2022 Season : Take those dreams of being an athlete and play them out on the sand in our most popular sport! ...Never played football before?Awesome! We make it easy for you to get moving, get social and meet new people no matter your experience level. Beach City Sports brings people together to make new friends and get your lungs pumping with outdoor social sports. We understand the mental and physical value of fresh air, laughter, and always pushing yourself farther alongside your team! Whether you're new to the area or have lived here your whole life, we invite you to Get In and Get Social with us in Southern California. LOCATION: Games are played on the sand a mile North of the HB Pier at 11th Street & PCH in Huntington Beach,CA SCHEDULE: Saturdays, September 10th - November 12th (BYE week on October 1st for the HB airshow). Game-times range from 9:00am - 2:00pm; all times will be available for viewing on our mobile-friendly website & app by the first week of games. HOW MUCH: $95/per player (Includes Beach City Sports Bonus Bundle) HOW TO SIGN UP: Register a team or sign up as a 'free agent' and we'll place you onto a team before the season starts! Registrations are open to individual free agents, small groups of friends, and teams with all skill levels. (Small Groups of friends please have a 1st friend register as an "individual", and then invite your friends to join you from there! This will link your registrations and we will make sure you get placed on a team together!) Player Review: "This is by far the best way to meet new people and have a great time. They offer a fun competitive safe environment for all skill levels. It's worth it, just do it." - Michael S. ADDITIONAL INFORMATION ABOUT THE SEASON: ✓ 7-9 week season (depending on if your team makes playoffs) ✓ Games consist of two 20 minute halves and are played coed 8 vs 8 (minimum of 3 members of either gender required on the field). Teams are divided into 4-5 divisions based on the discretion of the league* Full rules found at http://beachcitysports.com/football-rules/ ✓ Beach City Sports Bonus Bundle: Professional Referees for every game (NO additional ref fees) Photographers for most weeks Dri-Fit Team shirts (for teams opted in and registered by opening day) Team Spirit Awards and Performance Challenges, etc. Opportunity to win Individual Prizes and a Team Prize in each division for the all important bragging rights! ✓ BONUS onsite athletic trainer, sponsored by Movement Mx B4 REGISTER TODAY at http://www.beachcitysports.com for the upcoming Season! Any questions, comments, suggestions, or requests? Please reach out to us anytime at info@beachcitysports.com OR call us at (866) 227-5060. iii. Structure and daily activities : Registrants receive email communications as soon as they start registering. Players expect to receive 8-9 weeks of one hour games, scheduled in advance between the hours of 9AM-2PM. The league manages division assignment based on combined team's level of play, as well as tracks scores and standings throughout the season. Games include set up fields, team shirts, paid referees & photographers, and access to multiple local restaurants for discounts after their game. The most exciting time of the season is week 8 (Playoffs) and week 9 (Championships), where the winning team from each division walks away with medals, trophies, or championship belts that they keep for life. iv. Maximum and minimum number of player enrollment for each league : 1000 max players divided into 5 hours of game-times. Not due to limited space but in consideration of residential parking v. Ages of participants : BCS Adult leagues are 18+. Our average age is 30.7. Although we do have regulars playing well into their 60's, it is interesting to note that 73% of our players are between the ages of 25-35. Youth camps and leagues are currently categorized by grades 1st - 8th, and divided into smaller class sizes. vi. Registration through www.beachcitysports.com. We are currently contracted with 3 other Orange County cities - all of whom allow us to use our own registration platform because they see the value and superiority of our custom customer-centric (as opposed to event-centric) software. If transparency is needed, we can provide a 3rd party contact person to supply any registration or other reports from our system. vii. Customer service (i.e. complaint processing, refund policy, etc.) : We have a full time office manager who is responsible for customer service and enforcing of our policies (such as our https://www.beachcitysports.com/refundpolicy). We treat each person behind the email/phone call one-on-one as a human that matters, and because of this have won the Top Customer Service Award in our industry for "medium tier leagues" for the past 3 consecutive years. BCS HEALTH AND SAFETY PLAN: It is always our#1 goal is to ensure the safety of our participants. For this reason, we partner with licensed local orthopedic or physical therapy doctors within our community to provide an athletic trainer onsite at our flag football leagues with 250+ participants. This is above and beyond anything we've seen leagues in our industry do, but it has become a foundational part of our brand's safety plan. It benefits our players not-only with early access to medical care in the case of injury, but with peace of mind and preventative care / stretching /taping before performing athletic events. i. For leagues that do not have a doctor or athletic trainer onsite, our Emergency response plan is printed onsite for our staff, and can be read at : BCS Emergency Action Plan - click here ii. First aid. CPR. or lifeguard certification requirements : We incentivize and reimburse for CPR & First Aid training, and at all times a minimum of one of our staff scheduled onsite is trained in both. Our staff is required to pass a LifeScan or SSN background screening (depending on their role in the company & level of access to our players). iii. Safety gear requirements : No shoes or safety gear is required during games, as we only host non-contact sports. Although our staff always has access to ice and our first aid kits at our registration tents. iv. Water safety practices : Games are always within at least 50 feet of the water and we in no way encourage getting in/near the water. Water and safety protocols for youth divisions can be discussed at another time if that discussion is on the table. v. Training of staff : After an interview process, new employees have an online orientation and then are trained onsite by a manager. Once the training manager approves the new employee, they are approved to start working on their own. Additionally quarterly training sessions are hosted at our office for our referees and umpires, including tests to verify their comprehension of the rules and procedures. Beach City Sports relies on our"rules committees" made up of both staff members and players to review and revise rules to enhance the fun and safety of the game. Leagues across the country & Canada have asked us to consult with them on how we have incentivized the use of women in our flag football games, without slowing down the game -we have become the largest coed beach flag football league in the world, and we credit a lot of that to the format of our rules and to our amazing staff! BCS OUTREACH AND MARKETING: We have a successful plan to recruit participants. We can't share all of our secrets, but here are a few of the components that go into marketing and community outreach for us each season • Participants register through our website : www.beachcitvsports.com. Approximately 9500+ Orange County residents register through our website annually. • "Beach City Sports"App: easy access to weekly schedule, referee ratings, & team chats • Newsletter sent on weekly bases for each individual league news & announcements via MailChimp. We have won the Customer Service Award within our SSIA Industry for the past 3 years! • Flyers & Banners Physical materials printed through our friends @ HB Digital • Facebook 8500 followers, 13k page views per week& 56k post engagements per week: www.facebook.com/beachcitysports • Instagram 13,600 followers, 120k impressions per week, Avg story views 750 : www.instagram.com/beachcitysports. We post on-average 2-4x per day on all platforms to story-tell the #BeachCitySports lifestyle and community highlights. • TikTok is our newest platform www.tiktok.com/t/ZTd79xNQw • YouTube > 26k views, 65% external searches : www.youtube.com/beachcitvsports • Twitter 730 followers (we haven't put a high priority on Twitter) : www.twitter.com/beachcitysports • Participation in City fairs, festivals, and community events Jimai�RXGFH�FL4`�RtMj.T& } eyS *gyp �_ t NPR P:,,, BEACH CT+INAN s,. ARE YOU READY TO L nET GET IN G GET SOCIAL? ,� 4D'L.T BRINGSCOEDADULTSPOR�T/STO MEET NEW PEOPLE EVERY WEEK, I -*",COED ORANGECOUNTY 1 4 -FLAG FOOTBALL -,TUBE FOOTBAL - KICKBALLINDOOR BASKETBALL SPORTTo 1 0. �BEACHVOLLEYBALI ,FUN SOCIAL EVENTS j COUNTY ,,' • � - _ ila. i,Y. ii, . a; . WWW.BEACHCITYSPORTS COM BASE RATE FEE PROPOSAL: • Beach Flag Football : We propose a continuation of the city's current permit base rate : $550/day, which equates to about $5,000 per 9 week season (4x a year*) *although we would value negotiating an alternative flat rate for our summer weeknight leagues when we are limited to a lower capacity due to limited hours of daylight/game-times. • New Sports : Would require a conversation to discuss specifics, times & locations for a base rate negotiation. BCS COMMUNITY IMPACT: We consider ourselves pros at minimizing impact (and bringing value) to the residents of any city we are facilitating events in. For example : Each football field has a 15 foot lane between each other for the public to be able to access the water. There are many groups who co-exist with us, and in 11 years have never gotten a complaint. For example the beach yoga groups that meet weekly in our permitted area that we leave space for since our staff arrives earlier than they do. Or there is a group of beach volleyball players who enjoy setting up their own court on 10th street -we've been friendly with them for 8+ years and always reserve that area so that our field setup doesn't impede where we know they want to play. These are just two examples of how we minimize the impact felt by the residents of Huntington Beach. i. Storage and location of equipment : We would LOVE to discuss onsite storage with the city. We currently store all of our own equipment offsite; our staff arrives 2 hours before start time to set up the fields and clean our area of the beach in preparation for games. ii. How would you address resident's concerns regarding parking. traffic : Parking and high traffic is an unavoidable attribute of downtown Huntington Beach. We do our best to spread out game-times so that our players are coming and going every hour, to alleviate parking concerns. Crowding really has never been an issue since the beach has so much space, and because our fields are spread out so much (even when there are surf competitions going on at 9th/10th street, we don't come within 100 feet of each other). iii. What type of proactive communication would you implement with residents and businesses? So many of the residents love us and play in our leagues, that this really hasn't been an issue up to this point. One proactive action we took 8 years ago is we don't allow our referees to use their whistles, in consideration of homes within ear-shot of our fields. If a resident or business were to approach us with a complaint or concern, our staff or owners would have an open, empathetic conversation if anyone brought concerns to us. And we would do everything we could to relieve their concerns if it was within our control to do so. J. METHODOLOGY SECTION: You asked us to "provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP" in this section. First of all, let me assure you that our operating systems (a custom built software, hosted by League Lab) will allow us to manage any size league or tournament. With the exception of state-mandated closure during Covid, we have consistently grown by an average of 20% year by year; We do this very strategically, so a rollout schedule would need to be discussed before a timeline of project commitments can be made. Any one of our references can speak to our ability to process positive and negative feedback from customers, employees, and even city planning / legal departments. Our health and safety plans were discussed in that section above. And to add to this : we designed a COVID "Return to Play Protocols" to the city in March of 2020, without any prompts or guidance from the city. Although we didn't resume play until permitted a year later in Spring of 2021, we will always advocate for healthy adults to reserve the freedom to opt in or out of safe outdoor activities. As to the remainder of the questions in this section: We believe the size of our leagues, our long time good standing with the city, and our reputation for excellence speaks for itself. We run our business with integrity. And it is not in our best interest to detail every methodology of our business, marketing strategies, and our many supplemental social events that have kept our brand fresh & relevant since opening in 2011. REFERENCES: 1. City of Newport Beach Parks and Rec Department - Cody Hudson CHusonanewportbeachca.gov P: (949) 644-3154 2. City of Irvine Community Services, Athletic Programs & Facilities - Collum McLaughlin CollumMclauchlin a(�.citvofirvine.orq (949)724-6662 3. Edison Community Park permitting office - John Valinsky JValinskvasurfcity-hb.orq (714)960-8870 4. Newport Orthopedic Institute - 8 year Athletic Trainer partnership. Jill Ayres jayres@newportortho.com (714) 470-3226 DIGITAL & SOCIAL REACH ,,,A•s.,. Pr OPEN (T4:1D NEWSLETTER OPEN RATE FACEBOOK 3%rate of 48 openg. . Newsletter 15,000 Avg. Facebook 8600 subscribers,Emails when sent to custom followers,13k page views "cleaned out"annually to segments.Avg of 21.6% per week&56k post when sent to entire list. ensre quality leads. engagements per week eke 414111kAu.. ‘widli 0 ii 1 Bib U§5 If Ni,p, INSTAGRAM YOUTUBE WEBSITE Instagram 13K followers, YouTube>26k views, 20,000+visitors 120k impressions per 65%external searches per month week(10%action taken) EXHIBIT "D" REPRESENTATIVE APPROVAL FORM Please Print Legibly CONTRACTOR: je,ach Ck S?o r List of Representatives Name: Home Phone: Cell Phone: ) - ('Hi)5oL - 1�13 We saw .�rek s Address: CITY: Zip: tQ Lal S 1�� g2L�`e) Date of Birth: Email: —\3 - `or15 SaMMtl® lac_achc'k\-y_ s\poYts,c r'1 CITY USE ONLY CONTRACTOR: FINGERPRINTS: ❑ Yes ❑ No BACKGROUND CLEARED: ❑ Yes ❑ No CLEARED TO WORK: ❑ Yes ❑ No PHOTO TAKEN: ❑ Yes ❑ No CONTRACTOR NOTIFIED BY EMAIL: ❑ Yes ❑ No 24 EXHIBIT "E" CONTRACTOR INFORMATION CONTRACTOR: W2Saty -5r6sa>s- Beach C‘ t-y Spork Name Company Name (if applicable) LaVt_ - Mailing Address Home Address (if different from mailing) �v�+h�►�tv N �ac►� Cfi< 7 At CITY State Zip Tax ID/SSN sawvky - -&) ac ci t-u 'po(15, t N -t Q be,achc,\ po,(-As , cfQx1/4-,‘ Email Address Alternate Email Address Www. be.achcAlsyOx* C'or4 (6199)s°'L - 14(13 Business Website Cell Phone Number ( ) - (Ea)VL'1 - Sou O ( ) - Home Phone Number Work Phone Number FAX Number [END OF SIGNATURES] Attachments: • Exhibit A—Program Location Map • Exhibit B— Scope of Service • Exhibit C—CONTRACTOR's Proposal • Exhibit D—Representative Approval Form • Exhibit E—CONTRACTOR Information Form • Attachment#1 —Required Insurance Documents 25 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMlOD1WYY) 04/14/2023 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 Adel Smiley Peterson,CRIS,TRIP NAME: Bell Anderson Agency,Inc. PHONE EMI: 291-5200 I(aC,Noy; A (425)291-5100 600 SW 39th St.,Suite 200 E ME arielp@bell-anderson.com ADDRE INSURER(S)AFFORDING COVERAGE NAIC B Renton WA 98057 INSURER A: Philadelphia Indemnity Insurance Co. INSURED INSURER B: Sequoia Insurance Company 22985 Beach City Life Inc. INSURER C: DBA:Beach City Sports INSURER D: 1706 Lake St INSURER E Huntington Beach CA 92648 INSURER F COVERAGES CERTIFICATE NUMBER: CL2331056450 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 AUUL SUBR" POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDJYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGETO CLAIMS-MADE 1"1 OCCUR PREMISES Ea occurrence) S 100,000 MED EXP(Any one person) $ 5,000 A Y PHPK2526919 03/25/2023 03/25/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 3,000,000 njECT POLICY wePRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: Sexual Phys Abuse $ 25,000 AUTOMOBILEUABILITY eemetNED SINGLE LIMIT $ 1,000,000 _ (Ea accidenU ANY AUTO BODILY INJURY(Per person) $ A — OWNED SCHEDULED SCHEDULED PHPK2526919 03/25/2023 03/25/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON•OWNED PROPERTY DAMAGE $ X AUTOS ONLY x AUTOS ONLY (Per acciden0 $ UMBRELLALIAB - OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS•MADE AGGREGATE $ DEO RETENTION$ $ WORKERS COMPENSATION X STATUTE 1 OTH- ER AND EMPLOYERS'LIABIUTY YIN 1000000 B ANYPROPRIETOR/MARTNER!EXECUTIVE NIA Y QWC1268651 03/2512023 03/25/2024 E.LEACHACCIDENT $ , , OFFICER/MEMBER EXCLUDED? (Mandatory lnNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteersare additiopel rd tla sement #PIAS010 0404.Primary&non-contributory coverage per the attached endorsement#PIGL005 0712. AP - CHAEL E. cA1'ES CITY ATTOAI ' CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE \ ' � q7 6 e Huntington Beach CA 92648 �~ lJ'� 1 01888-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK2526919 COMMERCIAL GENERAL LIABILITY CG20260413 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): City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown In the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising Injury" required by a contract or agreement, the most we caused, In whole or in part, by your acts or will pay on behalf of the additional Insured Is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement;or 1. In the performance of your ongoing operations;or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown In the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The Insurance afforded to such additional applicable Limits of insurance shown in the Declarations. 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. CO 20 26 0413 0 Insurance Services Office, Inc.,2012 Page 2 of 4 Policy Number:PIIPK2526919 PI-GL-005(07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 03/25/2022 Name of Person or Organization(Additional Insured): "As required by written contract executed prior to a loss." SECTION II—WHO IS AN INSURED Is amended to include as an additional insured the person(s)or organization(s)shown In the endorsement Schedule,but only with respect to liability for"bodily Injury," "property damage"or"personal and advertising injury'arising out of or relating to your negligence In the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization(Additional Insured),except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance Is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions,and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 08 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named In the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which It is attached and Is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 3/26/2023 Policy No. QWC1268651 Endorsement No. 0 Insured Beach City Life, Inc. Premium$ 4,131 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed.04-84) Policy Number: PHPK25269 19 PI-AM-014(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It Is agreed that,notwithstanding anything to the contrary in paragraph 8.Transfer of Rights of Recovery Against Others To Us of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,In the event of any payment under this policy,we waive our right of recovery against any person or organization with respect to which the Insured has waived its right of recovery. It Is further agreed that work commenced under letter of Intent or work order,subject to subsequent reduction to writing,with customers whose customary contracts would require a waiver of recovery rights against them also falls within this blanket waiver of subrogation. Page 1 of 1 ACO D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD"'"" r L..../' 11/07/2022 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 pollcy(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 Ileu of such endorsement(s). PRODUCER CONTACT Mel Smiley Peterson,CRIS,TRIP Bell Anderson Agency,Inc. AHCNf o.Bell: (426)291-5200 Ax l Na): (425)291-5100 600 SW 39th St.,Suite 200 E-MAIL arielp@bell-anderson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC It Renton WA 98067 INSURER A I Philadelphia Indemnity Insurance Co. INSURED INSURER B: Sequoia Insurance Company 22985 Beach City Life Inc.DBA:Beach City Sports INSURER C: 1706 Lake St INSURER D: INSURER E; Huntington Beach CA 92648 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2231851080 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 AUUL:EIJMIIr POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDDIYWY) (MMIODNYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) S 5,000 A PHPK2392468 03/25/2022 03/25/2023 PERSONAL&ADV INJURY $ 1,000,000 GEM-AGGREGATE UMITAPPUES PER: GENERALAGGREGATE S 3,000,000 PRO- POLICY LOC PRODUCTS $ 3,000,000 POLICY n OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A — OWNED — SCHEDULED PHPK2392468 03125/2022 03/26/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY k AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR A1l'ROOt/E�b�t,� EACH OCCURRENCE $ EXCESS LIAB — CLAIMS-MADE f \ TO FOR AGGREGATE $ DED RETENTION$ J3y.-„ $ WORKERS COMPENSATION MI '`j--- �.,-,w� PER OTH- ERAND EMPLOYERS'LIABILITY Y/N C GATfiS ANY X STATUTE B OF ICER/MEMBER EXCLUDED?EECUTIVE I Y 1 N/A Y QWC120118 r Y OF Hu'',-k8 5/2022 03/26/2023 E.L.EACH ACCIDENT $ 1,fl00,000 (Mandatory In NH) MIN Tau f3ERICh E.L.DISEASE-EA EMPLOYEE $ II yea,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Romarirs Schedule,may be attached If more space Is required) City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteersare additional Insured per the attached endorsement #PIAS010 0404.Primary&non-contributory coverage per the attached endorsement#PIGL005 0712. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 es, ✓ ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK2392468 COMMERCIAL GENERAL LIABILITY CG20260413 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): City of Huntington Beach, its officers, elected or appointed officials, agents and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1• Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. 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. CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 2 of 4 POLICY NUMBER: PHPK2392468 PI-GL-005(07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 03/25/2022 Name of Person or Organization(Additional Insured): "As required by written contract executed prior to a loss." SECTION II—WHO IS AN INSURED is amended to Include as an additional insured the person(s)or organization(s)shown in the endorsement Schedule,but only with respect to liability for"bodily Injury," "property damage"or"personal and advertising Injury"arising out of or relating to your negligence In the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization(Additional insured),except for loss resulting from the sole negligence of that person or organization. This condition applies even If other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance,as described in SECTION III—LIMITS OF INSURANCE. All other terms,conditions,and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-AM-014(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It Is agreed that, notwithstanding anything to the contrary in paragraph 8.Transfer of Rights of Recovery Against Others To Us of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,in the event of any payment under this policy,we waive our right of recovery against any person or organization with respect to which the Insured has waived Its right of recovery. It Is further agreed that work commenced under letter of intent or work order,subject to subsequent reduction to writing,with customers whose customary contracts would require a waiver of recovery rights against them also falls within this blanket waiver of subrogation. Page 1 of 1 • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 3/25/2022 Policy No. QWC1201187 Endorsement No. 1 Insured Beach City Life, Inc. Premium$ 1,488 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84)