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13 - Termination of Cooperative Agreement for the Marina Park Community Boating Program
Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report June 23, 2020 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Laura Detweiler, Recreation and Senior Services Director - 949- 644-3151, Idetweiler@newportbeachca.gov PREPARED BY: Racquel Valdez, Recreation Manager, rvaldez@newportbeachca.gov PHONE: 949-270-8156 TITLE: Mutual Termination of Cooperative Agreement between the City of Newport Beach and The Regents of the University of California for the Marina Park Community Boating Program ABSTRACT: Staff is requesting City Council waive the one-year prior written notice of termination provisions included in the Cooperative Agreement ("Agreement") for the Community Boating Program at Marina Park, executed by and between the City of Newport Beach ("City") and The Regents of the University of California ("University"), and approve the Termination Agreement ("Termination"). Additionally, approval is requested to purchase six (6) Waterline J-22 boats from the Regents and for a budget amendment to re -align revenues and expenditures to continue operation of the Marina Park Boating Program by the Recreation and Senior Services Department. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Recommend the City waive the right to one (1) year prior written notice of termination to terminate the Agreement (Attachment A) which shall take effect June 30, 2020 (Attachment A); c) Authorize the purchase of six (6) 2011 Waterline J-22 boats in the amount of $120,000 from the Regents of the University of California for continued use in the Marina Park Boating Program; and d) Approve Budget Amendment No. 020-051 appropriating $35,062 in additional revenue from account 0107023-521427, $57,228 reduction in expenditure appropriations in account 0107023-811046, and $92,290 in increased expenditure appropriations in Marina Park salary and benefit accounts (Attachment B). 13-1 Mutual Termination of Cooperative Agreement between the City of Newport Beach and The Regents of the University of California for the Marina Park Community Boating June 23, 2020 Page 2 FUNDING REQUIREMENTS: This Budget Amendment results in a zero -net impact to the General Fund. The Budget Amendment appropriates $35,062 in additional revenue from the Marina Park Tidelands Boating Program classes (0107023-521427) and $92,290 in increased expenditure appropriations for a .75 part time Recreation Coordinator and a .68 part time Facilities Maintenance Worker II in Marina Park salary and benefit accounts. Expenditure appropriations in Marina Park Tidelands Instructor Payments (0107023-811046) will be reduced by $57,228 for a reduction in contract expense for paddle board kayak rentals and tidelands instructor payments. Sufficient funds in the amount of $120,000 for the purchase of (6) J-22 boats have been appropriated in the RSS Equipment Internal Service Fund (ISF) — Equipment Account 75704-911024 for FY 2020-21. DISCUSSION: The City and University entered into an Agreement for the operation of the Marina Park Community Boating Program, dated September 8, 2015. The City and the University have worked cooperatively to provide programs to the community at Marina Park. Classes included after-school sailing programming, dinghy sailing, keelboat sailing, private lessons and summer camps. Additionally, rentals of kayaks, stand up paddle boards and sail boats have been offered. The program has been without a permanent University Boating Director since Spring 2018, which has impacted the growth and success of programming and operations as intended. After extensive discussions, the University and City staff mutually agree it is in the best interest of both parties to terminate the Agreement. The Agreement requires either party provide no less than 365 -days prior written notice of termination. However, in order to allow the City to proceed with operation of the program, the Termination was mutually agreed upon between both parties. All assets will be distributed as specified in the Mutual Termination Agreement. Marina Park staff will oversee the boating program and intends to continue to offer existing programming through our traditional service model, with a mix of part-time staff and contracted instructors. A part-time Coordinator and part time Facilities Maintenance Worker will oversee the daily equipment rental program, schedule a robust sailing program through contract instructors, maintain the fleet of boats at Marina Park and the dock. These positions will require 5 years of experience in sailing/maintenance, a California boating license, American Boat and Yacht Council (ABYC) Certification and marine specific maintenance certifications. 13-2 Mutual Termination of Cooperative Agreement between the City of Newport Beach and The Regents of the University of California for the Marina Park Community Boating June 23, 2020 Page 3 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). ATTACHMENTS: Attachment A — Mutual Termination of Cooperative Agreement, Copy of Cooperative Agreement and Vessel Fleet Detail Attachment B — Budget Amendment 13-3 ATTACHMENT A MUTUAL TERMINATION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR THE MARINA PARK COMMUNITY BOATING PROGRAM THIS MUTUAL TERMINATION OF COOPERATIVE AGREEMENT ("Termination") is made and entered into as of this 23 day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California domestic non-profit corporation, on behalf of the University of California, Irvine ("University"), whose address is 250 Public Services Building, Irvine, California 92697, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City and University entered into a certain Cooperative Agreement between the City of Newport Beach and the Regents of the University of California for the Marina Park Community Boating Program, dated September 8, 2015 ("Agreement"). C. Section 6.3.2 of the Agreement provides that City and/or the University shall have the right, at its sole and absolute discretion and without cause, to terminate the Agreement at any time by giving no less than one year (365 calendar days) prior written notice to the respective other party, however, the City and University mutually agree to terminate the Agreement at this time. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERMINATION 1.1 The City and University hereby waive the right to one (1) year prior written notice of termination and mutually agree to terminate the Agreement, attached hereto as Exhibit "A," which shall take effect on June 30, 2020 ("Termination Date"). Upon the Termination Date, Programming authorized under Sections 1.1 through 1.9 of the Agreement shall terminate except as provided in Section 1.2. 1.2 Notwithstanding the foregoing, Section 1.7 (UCI Sailing Association (UCISA) Members) of the Agreement authorizes UCISA members to use University fleet subject to certain conditions. University provided City a list of existing UCISA members and City agrees to honor UCISA members use of vessels identified in Section 4.2.5 of this Termination subject to availability and term of membership, provided the UCISA member has successfully passed skipper rating tests. These rated members may sign up for `open sail hours" in accordance with Section 1.7 of the Agreement, and membership registration and boat checkouts at Marina Park shall be managed by the City. 13-4 2. ACCOUNTING 2.1 Section 1.13 (Accounting and Reconciliation) of the Agreement requires the City and University to provide an accounting to the other party within specific time frames for the immediately preceding enrollment period. On or before .tune 30, 2020, the University shall provide the City a final statement, in writing, certified by the University to be correct, showing the total enrollment fees attributable to the Marina Park Community Boating Program ("Program") during the Spring 2020 and any precedent academic quarter, a reconciliation statement supporting the final statement and pay any amounts owed to the City. 2.2 Likewise, on or before June 30, 2020, the City shall provide University a final statement, in writing, certified by the City to be correct, showing the total enrollment fees attributable to the Program during the preceding quarter or any preceding period, a reconciliation statement supporting the final statement, and pay any amounts owed to the University. 3. FACILITY 3.1 Dedicated Space. On or before the Termination Date, University shall remove all equipment, personal property, or materials owned by University from the Facilities identified in Section 2 (Facility) of the Agreement. The City shall retain ownership of all Program Facilities and their associated furniture, fixtures, and equipment as provided in Section 2.2 of the Agreement. 3.2 Security. University shall provide all materials in its possession regarding use of the Program Facility's security system, all key cards and pass codes to the City on or before the Termination Date. 4. EQUIPMENT 4.1 This Section 4 (Equipment) addresses the allocation of Equipment identified in Section 3.2 and more particularly described in Exhibit "D" ("Vessel Fleet") of the Agreement based upon this Termination. Equipment owned or acquired exclusively by the City prior to, or during the term of this Agreement, includes the following: 4.1.1 Two (2) RS Ventures 4.1.2 Twelve (12) RS Quests 4.1.3 Twenty (20) Sabots 4.1.4 Three (3) 2011 WD Schock Lido 14's 4.1.5 Eight (8) Kayaks - Singles 4.1.6 Sixteen (16) Kayaks — Doubles 4.1.7 Thirty-five (35) Stand -Up Paddleboards 4.2 Equipment owned or acquired exclusively by the University prior to, or during the term of this Agreement, includes the following: Regents of the University of California Page 2 13-5 4.2.1 Seven (7) Vanguard Flying Juniors (FJ's) 4.2.2 One (1) 1984 Boston Whaler Motor Boat 4.2.3 Three (3) 2012 WD Schock Lido 14's 4.2.4 Two (2) 2016 Zodiac Inflatable Boats 4.2.5 Six (6) 2011 Waterline J22's 4.3 The City shall retain ownership of the vessels identified in Section 4.1 above. University shall retain ownership of the vessels identified in Sections 4.2.1 through 4.2.4. The University agrees to sell to the City and the City agrees to purchase from the University the vessels identified in Section 4.2.5 for the fair market value identified below, plus City shall pay all applicable taxes and fees, including sales taxes and transfer fees directly to the California Department of Motor Vehicles. (The vessels identified in Section 4.2.5 may collectively be referred to herein as "Transferred Vessels.") Details regarding the vessels described in Sections 4.1 and 4.2 above are provided in Exhibit "B" which is attached hereto and incorporated by reference. University shall remove the vessels identified in Sections 4.2.1 through 4.2.4 and any other University property within ten (10) days of the Termination Date. 4.4 Upon payment by City of the amount set forth in the following paragraph, University shall execute and deliver all necessary documentation to ensure the transfer of title and ownership of the Transferred Vessels from University to City and provide all maintenance records for the Transferred Vessels to the City on or before the Termination Date. City agrees to pay University all amounts due under the Agreement and this Termination via wire transfer, plus Forty -Five Dollars and 001100 ($45.00) for wire transfer fee each wire transfer Following execution of this Termination, University shall provide wire transfer instructions to City. The estimated fair market value of the vessels identified in Section 4.2.5 is Twenty Thousand Dollars and 00/100 ($20,000.00) per vessel, for a total of One Hundred Twenty Thousand Dollars and 001100 ($120,000.00) for all six (6) vessels. The City acknowledges and agrees that it has had adequate time prior to the execution of this Termination to perform any desired or recommended inspection and/or testing of the Transferred Vessels. Further, City expressly understands and agrees the Transferred Vessels are being sold by University to City "as is" and without any warranty. 4.5 Fleet Refurbishment Payment. The City and University mutually agree that all fleet refurbishments payments pursuant to Section 3.5 (Annual fleet refurbishment payment) of the Agreement have been paid and that no outstanding balances are owed by either party. 5. STAFFING Under Section 4 (Staffing) of the Agreement, University assumed staffing responsibilities for the Program and University or its employees are not agents or employees of the City. No civil service status or other right of employment accrued, or shall accrue, to University or its employees. Nothing in the Agreement or this Termination shall be deemed to constitute approval for University or any of University's employees or Regents of the University of California Page 3 13-6 agents, to be the agents or employees of City. Upon Termination, the City shall not be responsible for the employment, termination, benefits or any amounts owed to University employees and/or agents. 6. INDEMNIFICATION 1 INSURANCE Each party shall indemnify, defend, and hold harmless the other party as set forth in Section 5 (Indemnification/Insurance) of the Agreement, and maintain required levels of insurance as set forth in Exhibit "E" (insurance Requirements) of the Agreement, until the date that title and ownership of all Transferred Vessels are officially in the name of the City. Upon the transfer of title and ownership in all Transferred Vessels to the City, City shall defend, indemnify and hold harmless University, UCI, UC Regents, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury, including death, or damages arising out of the use of the Transferred Vessels under this Termination. 7. UNIVERSITY'S RESPONSIBILITIES University agrees to reasonably cooperate with the City in the transition of the operation of the Program by the City or a new provider including providing requested documents and/or responding to reasonable informal requests for information in a timely manner. In light of COVID-19, the City understands and agrees that delays may occur in the University's response to the City's requests for documents and/or information. 8. STANDARD PROVISIONS 8.1 Recitals. City and University acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Termination. 8.2 Waiver. By this Termination, the City and University waive any breach, of any term, covenant or condition of the Agreement except for any breach of any term, covenant or condition that is not reasonably foreseeable at the time of execution of this Termination. 8.3 Integrated Contract. This Termination represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 8.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Termination and the Agreement or any other attachments attached hereto, the terms of this Termination shall govern. 8.5 Interpretation. The terms of this Termination 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 Termination or any other rule of construction which might otherwise apply. Regents of the University of California Page 4 13-7 8.6 Severability. If any term or portion of this Termination is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 8.7 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, State of California. 8.8 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 8.9 Counterparts. This Termination may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Regents of the University of California Page 5 13-8 DocuSign Envelope ID: D6A6BCE6-76F8-438A-B37E-BB1DB68565BO IN WITNESS WHEREOF, the parties have caused this Termination to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: G By: � jroC. Harp orney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor UNIVERSITY: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a Califor�na/doo20estic non-profit corporation Date: L u5igned by: By. By. Leilani I. Brown Sneha a City Clerk Chief Procurement Officer [END OF SIGNATURES] Attachments: Exhibit A — Cooperative Agreement Between the City of Newport Beach and the Regents of the University of California for the Marina Park Community Boating Program Exhibit B - Vessel Fleet Detail Regents of the University of California Page 6 13-9 COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR THE MARINA PARK COMMUNITY BOATING PROGRAM THIS COOPERATIVE AGREEMENT ("Agreement), is made and entered into this 8th day of September, 2015 by and between the CITY OF NEWPORT BEACH C" City") and The Regents of the University of California:, (hereinafter the "University") individually referred to as "Party" or collectively as "Parties." ECITALS WHEREAS, City's Marina Park Project ("Project") encompasses a 10.5 -acre site and contemplates construction of a public park.; a 24,000 -square -foot Community and Sailing Center building; a 23 -slip marina; a reconstructed 19th Street restroom building; a freestanding playground lighthouse feature; themed playground; cafd; outdoor fitness circuit; parking lots; and frontage street improvements; WHEREAS, the University expressly acknowledges that the legislature of the State of California has placed public trust restrictions on the use of a portion of the land where the Project is situated pursuant to that certain "Compromise Title Settlement and Land. Exchange Agreement Regarding Certain Lands in the Vicinity of Lower Newport Bay City of Newport Beach California" recorded by the Orange County Clerk -Recorder as Instrument No. 2012000657036 on October 31, 2012 In the Official Records of the County of Orange, California and the 1978 legislative grant found in Chapter 74 of the Statutes. of 1978 ("Beacon Bay Bill") wherein City acts as trustee., as portions of the Project site constitute filled tidelands. City has made no representation or warranty relative: to the validity of the Beacon Bay Bill or the power of the legislature of the State of California to remove public trust restrictions can tidelands through legislation. The University shall not take any action that would cause City to be in violation of any provisions of the Beacon Bay Bill. If the State of California terminates, or modifies the .Beacon Bay Bill to prohibit the uses contemplated under this Agreement, this Agreement shall terminate as a result and the Parties shall be released from all liabilities and obligations under this Agreement and City shall owe no compensation to the University. WHEREAS, City strives to enhance the quality of life by providing diverse opportunities in safe and well-maintained facilities and parks and pledges to respond to the community needs by creating quality educational, environmental, recreational, cultural, and social programs for people of all ages. The City continues to foster community partnerships and opportunities to enhance recreation offerings while minimizing general fund support; and WHEREAS, since 1965, the University has offered a comprehensive boating program in Newport Harbor and has partnered with City since 2009 to successfully Regents of the University of California. Page 1 13-10 manage City's summer boating program. The University's focus on safety and education has delivered a variety of recreational boating opportunities in Newport Beach through the highest of training standards for beginner and continuing education in sailing and boating; and WHEREAS, City and the University desire to enter into a Cooperative Agreement to allow City's boating program to be available on a year-round basis while minimizing overhead costs through utilization of the University's highly -trained staff,. Through a Cooperative Agreement, the University will be able to maintain its university boating program in Newport Harbor at Marina Parr, in conjunction with the programs offered by the City of Newport Beach; and WHEREAS, a Cooperative Agreement between the City's Recreation & Senior Services Department and the University's Recreation and Boating Program will facilitate the expansion of City's summer sailing program into a year-round boating safety, education and recreational program at the newly constructed Marina Park Sailing Center; and WHEREAS, City and the University share a common mission and set of values in providing .quality programs and accessibility to boating for all abilities, through excellent customer service, creativity and innovation, with an emphasis on learning through recreational programs; and WHEREAS, by entering into a Cooperative Agreement, City and the University commit to providing beginning through advanced sailing, kayaking and stand up paddle boarding classes for Newport Beach residents, visitors and the University campus affiliates akliarina Park; and WHEREAS, this Agreement is intended to memorialize the obligations and respons'ibilitles of the Parties in order for the parties to offer a successful boating program to the community and the University throughout the term of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the above recitals of fact, and of the mutual .covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. PROGRAMMING 1.1 Description of Pro ra mi . The boating program that is jointly operated by City and the University at Marina Park shall be known as the Marina Park Community Boating Program and shall ba referred to hereinafter as the "Program." University will manage the operations of the comprehensive boating Program to include classes and. programs in the areas of sailing, stand up paddling and kayaking, which will be available to youth, teens and adult residents of the City of Newport Beach, visitors and the University affiliates. Programs :shall be offered In the beginner to advanced skill Regents of the University of California Page 2 13-11 level categories, utilizing equipment including, but not limited to, sail and powerboats, dinghies, Keelboats, stand up paddle boards and kayaks. These programs are generally described in the attached Exhibit "A", which Is incorporated herein by this reference, and. is a Sample Quarterly Programming Activity Schedule. The City and the University agree to work cooperatively In good faith to adjust this schedule as necessary based on community needs and demand. 1.2 Except as provided otherwise herein, the University shall be the exclusive vendor at Marina Park for programs In the fallowing disciplines: sailing, stand up paddling and kayaking. 1.2.1 The City .of Newport Beach shall continue to operate its municipal camp programs including paddle boarding and kayaking and shall provide, maintain and be responsible for City -owned equipment when doing so, 1.2.2 If the University provides prior written approval, which approval may be withheld at the University's sole and absolute discretion, other third -parties may anter into a contract with City to operate programs in the areas of sailing, stand up paddling or kayaking at Marina Park. 1.3 Univeraltv and Sche ul .d Classes. Program registrations for the University staffed programming will be administered by City ActiveNet software program or .equivalent. City shall pay the University an amount equal to 66%n of the amount of total enrollment fees collected, minus a five dollar ($5.00) per transaction administration fee for each class held.. 1.1 Private and Semi- rIvatei_assons. Registrations for Private and Seml- Private Lessons (1-2 registered participants) will be administered by City ActiveNet program. or equivalent, City shall pay the University an amount equal to 75% of the amount of total enrollment fees collected, minus a five dollar ($5.00) per transaction administration fee for each class .held. 1.5 Universit-Affili ted Private Qroup glasses. From time to time, University administers .custom programming for the University -affiliated groups such as UCI Student groups or UCI Faculty groups, The University shall collect and retain 75% of collected registration fees and pay 25%p, minus a Live dollar ($5.00) per transaction administration fee to City. 1.:6 Non-Affill ted Private Grouo Classes. Programs for a variety of non- affiliated organizations such as Girl Scouts or Corporations, which are organizations not associated with the University, may be provided and registration for these programs will be administered by City ActiveNet program. City shall pay the University an amount equal to 65% of the amount of total enrollment fees collected, minus a five dollar ($5.00) per transaction administration fee for each class held. 1.7 UCI Sailing -Association UCISA Members. UC'ISA members have. successfully passed skipper ratings tests and are permitted to use the University fleet of sailboats for their personal use. Up to Sap/o of membership slots shall be open to the University affiliates and 50% of slots shall be open to residents of the City of Newport Regents of the University of California Page 3 13-12 Beach. Rated skippers with a current membership shall have access to an online registration system and may sign up for "open sail hours." Boat check-outs at Marina Park will be managed and facilitated by the University. Membership registration shall be administered by and the University. The University shall collect and pay City an amount equal to 25% of the amount of total membership fees collected, minus a five dollar ($5:00) per transaction administration fee. 1..8 U 1 Sailing Team. The UCI Sailing Team ("UCI Team") is comprised of approximately 20 undergraduate students who compete In inter -collegiate regattas. The UCI Team utilizes their fleet of 14' Flying Juniors ("H's"), which shall be stored and operated at Marina Park along with their associated equipment. The. FX8 may be used for advanced racing classes in supervised. class settings offered to the public. The UCI Team shall be the only competitive sailing team with practice and boat storage at Marina. Park. Additional teams may be added with the mutual consent of both the University and City. UCI Team members may serve as the University's boating program instructional staff and are considered role models to youth and. adults who matriculate through the Program. 1.9 BoatingPro ram Special tints. All events outside of regularly scheduled class programming and private or custom class programs (i.e., Regattas) that are considered by City's Municipal Code as "Special Events" shall be regulated by Chapter 11.03 of the Newport. Beach Municipal Code as the same may be amended from time to time. 1.10 Meet and Confer. City and the University shall meet on a quarterly basis to discuss the Marina Park Community Boating Program to assure a cohesive effort in the programming of the Marina Park Sailing Center. 1.11 Mass Slgtsm All Program classes (excluding UCISA and the University or general program Private Group Classes) shall be open to the general public. Certain programs will have restrictions based on age, skill level, experience levels and pre- requisites. Classes will be run jointly and registration will be available to University affiliates and the general public, with the special attention, consideration and intention to allow for equal access and class spaces to University and City affiliates. 1.12 Fees to All Others. City, by virtue of the "Beacon Bay Bill," acts on behalf of the State of California as the trustee of tidelands located within City's limits. As the Program classes will be located on that portion of Marina Park that is located on tidelands and in accordance with the non-discrimination language contained within the Beacon Bay Sill, City shall charge the same fees to City of Newport Beach residents as non-residents, 1.13 A ounting and Reconciliation. Within thirty (30) calendar days after the. end of each academic quarter beginning with the first full quarter following the commencement of operation of the Marina bark Community Boating Program and for the term hereof, as may be extended as provided herein, University shall furnish to City a statement in writing, certified by University to be correct, showing the total enrollment Regents of the University of California Page 4 13-13 fees attributable to the Marina Park Community Boating Program during the preceding quarter. The fees due to City pursuant to this section shall be remitted to the City concurrent with the submission of the reconciliation statement. Within twenty one (21) business days after the final class meeting, City shall pay the University an amount equal to the percentage identified herein of the total amount of enrollment fees collected for the class minus a five dollar ($5.00) per person administration fee for each enrolled class held: 2. FACILITY 2.1 The University shall be responsible for safeguarding the facility, as defined below, which may only be utilized for mutually agreed upon purposes identified in this agreement. The University -run programs require the University supervision of the facility at all times. 2.2 Dedicated Space. The Program's Facilities (hereinafter "Facilities") include two (2) office spaces furnished by City and a sailing bay provided for use by the University as generally depicted on Exhibit "B" attached hereto and Incorporated herein. Office one (1) shall be dedicated as a Sailing Director's Office and shall be furnished with one (1) desk and chair, two (2) guest chairs, one (1) computer, monitor, and printer. Office two (2) shall be dedicated as a receptionlregistration office and shall be furnished with built in desk, one (1) computer, one (1) monitor and printer. 2.3 gassEporn Space. All sailing classes conducted under the Program shall be granted space as available at no charge. bequests for space shall coincide with City's quarterly Newport Navigator production schedule for class submissions. All submissions shall be submitted prior to the Newport Navigator proposal deadline each quarter. 2.4 Security. A security system and key card system shall be provided by City, training to be provided on operation of the system to the University Floating Director. 2.5 i na e. Permanent signage shall be provided by City for the University at the sailing bay office. The University shall provide a logo and any necessary images to complete the production of signage. The University shall be given the opportunity to review and approve any signage prior to production. 2.6 Janitorial Service, The City shall provide janitorial service for Office one (1) and Office two (2). The University shall be responsible for providing janitorial maintenance for the sailing bay. 2.7 Dock Space. Dock space and boat storage shall be provided by City and utilized by the University as further detailed in Exhibit "C", as attached hereto and incorporated herein. Dock space shall be maintained by City. 2.7 Parking. Non-exclusive parking shall be provided in the Marina Park parking lots. Regents of the University of California page 5 13-14 2.8 Utilities. All associated with the operation of the program, including refuse, shall be paid by City. 3. EQUIPMENT 3.1 The University shall be responsible for safeguarding the equipment, as defined herein, and the equipment may only be utilized for the mutually agreed upon uses Identified in this Agreement. All University -scheduled and affiliated programs require University supervision of the equipment at all. times. 3.2 Egglpment.. Equipment shall be defined to include the following: 3.2.1 boat. Padd!q Bo4[d d and Kayak Fleet An existing fleet shag be Increased to make whole the Lido (or equivalent), Sabot, and Boston Whaler or power boat equivalent boat fleet as detailed in Exhibit "D", as attached hereto and incorporated herein. City and the University agree to meet and confer in goad faith and on a regular basis to ensure that Exhibit "D" is updated as necessary to maintain the existing fleet. The City shall purchase the Lidos and Sabots (or equivalent), Boston Whaler equivalent (coach power boats), Paddle Boards and Kayaks. Equipment purchased by City shall be referred to herein as "City Equipment". The term "Equipment includes the "City Equipment". The City shall lease City Equipment to the University for a nominal fee. of One Dollar and 001100 ($1.00) per vessel per year commencing on December lat.. 2015. 3.2.2 J22 Fleet. The University shall purchase and maintain the J22 Fleet (or equivalent;) at its sole cost and responsibility. The University will provide six (6) already -owned J22s at the beginning of the program and will determine if additional or replacement vessels need to be purchased In the future. 3.2.3 Flyiag. Juniors` Js . The University shall purchase and maintain the: FJ Fleet (or equivalent) at its sole cost and responsibility. The University will provide eight (8) already -owned. FJs at. the beginning of the program and will determine if additional or replacement vessels need to be purchased in the future. 3.2.4 The Program shall utilize boats and equipment. included on Exhibit "D" and purchased by either the University or City:. The University shall maintain insurance for the J-22 and FJ Pleat, and all vessels stored at Marina Park (except for the City -owned equipment that is solely used for City (not joint) program). The University is responsible for all maintenance associated with the fleet. The University's insurance shall satisfy the requirements set forth in Exhibit "E," which is attached hereto and incorporated herein by this reference. 3.39guipment Storage. The racks and storage facilities for boats, Paddle Boards,. Kayaks, and related support equipment shall be purchased by City. The ongoing maintenance, as defined herein, of items shall be responsibility of the University. 3.4 Boatinte� nance All Boats, Waddle Hoards, and Kayaks shall be maintained by the University. Maintenance shall be inclusive of cost and labor to maintain the fleet in a condition that is safe and seaworthy. Maintenance shall include Regents of the -University of California Page 5 13-15 regular washing, polishing, sanding, and varnishing; frequent assessment for broken/near broken or loose parts; proper storage and care of Equipment. When breakdowns outside of Program's control occur, repairs shall be made with care and in a timely manner. If major damage occurs (damage resulting in repairs over $500.00) to a vessel that is a Lido, Sabot, Boston Whaler, Kayak or stand up Paddle Board, City and the University shall each be responsible for paying fifty percent (50%) of the cost of repairs and/or replacement parts of vessels., which may include the costs associated with any insurance deductibles. 3.5 Ann al flet refurbishfflgrit Qavment. Commencing on ,July 1, 2017, and continuing each City fiscal year thereafter, City shall pay to the University up to five thousand dollars and 00/100 ($5,000.00) annually to allocate to expenses relating to repairs., maintenance, equipment, and fleet preparation associated with the Lido, Sabot, Boston Whaler, Kayak, or stand up Paddle Board fleet for the year based on actual repair casts. City will reimburse University upon submission of.receiptr. 3.6 Capital Purchases of, Fleet. As the fleet ages and repair of boats is no longer cost effective new boats shali be purchased. The parties agree to work together cooperatively to meet and confer in good faith in order to plan and fund the fleet as needed. Every effort shall be made by the University and City to seek and secure grants to defer the cost of capital purchases. All boating equipment, donations or vessel purchases shall be mutually agreed upon by the University and City. This includes Lidos, Sabots, Paddle. Boards, Kayaks., and Boston Whalers. 4. STAFFING 4.1 The University to provide the following staffing: a. The University shall designate a Boating Director that has expertise and experience in boating program management and who will oversee the day-to-day operations of the Program and the Equipment. This person shall serve as the primary contact for the University and City may rely on the representations and approvals provided by Boating Director. b. The University shall provide maintenance personnel that will be responsible for the boating fleet and all related Equipment. Equipment shall be maintained at a level that protects the value of the property, is safe and seaworthy, and available for the Program. G. The University shall provide instructional staff that are trained in proper boating instructional technique, and are compliant in all related participant and boating safety standards. d,. The University shall provide sufficient management, waterfront supervisory staff, and office support to ensure that all participants' needs are addressed in a timely manner and that the safety of the program and security of the facility and equipment is maintained. Regents of the University of California page 7 13-16 4,2 All Contractors and their employees, agents and representatives must submit to and pass a criminal background Investigation by providing a complete set of fingerprints to the City at least thirty (30) calendar days prior to teaching, substituting for contractor or assisting with any Class, Such Contractors and their employees, agents and representatives are required to submit fees in the amount of up Seventy Three Dollars and 001100 ($73.00) per person to the City of Newport Beach, Recreation Senior Services Department, to coverall costs associated with fingerprinting through the City of Newport Beach Police Department and the Department of Justice. Fingerprints may be required to be updated every five (5) yearn. Upon the University's request, the City will provide written confirmation of completed background investigations. 4.3 All Classes involving minors age seventeen (17) or younger must be taught in an open atmosphere where parents and guardians are able to observe Class Instruction, if so desired. At no time can the parent or guardian of a minor be denied access to a Class: By signing this Agreement, the University agrees to the provisions of this Paragraph.. 5. INDEMNIFICATION f INSURANCE 5,1 The University 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 attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by City, Its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UCI, Its officers, employees, or agents. 5.2 City shall indemnify, defend and hold harmless the University, its officers., directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and. reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the: negligent acts, omissions or willful. misconduct by City, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for Injury or damages are caused by or result from the negligent or intentional acts or omissions of UCI, its officers., employees, or agents, 5.3 Without limiting the University's indemnification of City, and prior to commencement of the Program, the University shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit "E," and incorporated herein by reference Regents of the University of California page 8 13-17 6. ADDITIONAL PROVISIONS 6.1 Term of A reement. The initial term of this Agreement shall be ton (10) years from the Effective Date ("Initial Term"), unless terminated sooner as provided in this Agreement, or extended as provided in Section 6.2. 6.2 Option to Etpd. Provided the University is not then in default under this Agreement beyond applicable notice and cure periods, City may extend the term of this Agreement for two (2) additional successive terms of five (5) years (the "Option Term") commencing on expiration of the Initial Term or an Option Term, on the same terms and conditions as contained in this Agreement. The University must exercise its option by giving City written notice of its intention to extend the Term at least six (6) months prior to expiration of the initial Terra or an Option Term. 6;3 Termination, 6.3.1 In the event that either party falls or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of thirty (30) calendar days, or if more than thirty (30) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within thirty (30) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 6,3..2 Notwithstanding the above provisions, City and/or the University shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than one year (365 calendar days) prior written notice to the University or City (other party). In the event of termination under this Section, City shall pay the University for costs incurred as agreed upon under this Agreement up to the effective date of termination for which the University has not been previously paid. On the effective date of termination, the University shall deliver to City all reports, documents and other information developed or. .accumulated in the performance of this Agreement, whether in draft or final form. 6,3.3 Shared equipment should be split to each party based on ownership at the time of contract entry and/or program commencement. Each party shall keep a running inventory and items shall be divvied up based on ownership of property.. 6.4 City and the University agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this. Agreement. Regents of the University of California Page g 13-18 6.5 Legal -Authority... City and the University hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 6.6 Repitals. City and the University acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 6.7 Mdver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.8 Severability. If any term, provision, covenant or condition of this Agreement is held. to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term., provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 6.9 Cou ter its of Agreement. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the: same Agreement. Electronic signatures will be permitted. 6.10 Com li ee with all La s, The Parties shall comply with all statutes, ordinances, regulations and requirements of all governmental entities., including federal, state, county or municipal, whether In force or hereafter enacted. 6.11 Force Majeure. Either Party shell be excused from performing its obligations under tl"iis Agreement during the time and to the extent that it Is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 6.12 Assignment. Neither this Agreement, nor any of the Parties' rights, obligations, doges, or authority hereunder may be assigned in whole or In part by either Party without the prior written consent of the other Party in its sale and absolute discretion. Any such attempt of assignment shall be deemed void and. of no force and effect. Consent to one (1) assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. Regents of the University of California Page 1© 13-19 6.18 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, State of California. 6.14 ESual o nit m to meat. The University repreents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap., medical condition, marital status, sex, sexual orientation., age or any other impermissible basis under law. 615 City Authorization. The City Manager of the City of Newport Beach or his/her designee is hereby authorized, on behalf of City, to sign all documents necessary and appropriate to curry out and implement this Cooperative Agreement and to administer City's obligations, responsibilities, and duties to be performed under this Cooperative Agreement. 6.15 Notices, Any notice, demand, request, consent, approval or communication under this Agreement shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below, Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed given (a) upon personal delivery or (b) forty-eight (48) hours from deposit of such notice In the United States mail, postage prepaid. h University- Nidavone Niravanh Risk Manager 250Public Services Building Irvine, CA 92697 With a copy to: Mandy McConnell Boating Director Anteater Recreation Center 680 California Avenue Irvine, CA 92697-4515 To City of Newport Beach City of Newport Beach City Manager 100 Civic Center Drive Newport Beach, CA 92660 With a copy to: City of Newport Beach Department of Recreation & Senior Services 100 Civic Center Drive Newport Beach, CA 92660 6.17 No Attornev Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys` fees. 6.18 Ince rated Con act. This Agreement represents the full and complete understanding of every bind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature. are merged herein. No verbal agreement or implied. covenant shall be held to vary the provisions herein. Regents: of the University of California page 11 13-20 6.19 Conflicts or Incgnsistenees. In the event there are any conflicts or Inconsistencies between this Agreement and the Exhibits to this Agreement, the terms of this Agreement shall govern. 6.20 Interpret tion. 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. 6.21 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [SIGNATURES ON NEXT RAGE] Regents of the University of California MEMEMMMMM Page 12 13-21 APPROVED A3 TO FORM: CITY ATT I Y' OFFICE Date: Bygron Harp City Attorney ATTEST: Date: 11R, iwI- MI. -Aw 9—w x�� Leilan! 1. Brown City Clark THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Date: l ...,._ By:.- hillochindele Director of Campus Recreation CITY OF NEWPORT BEACH, a California mu icipal coy oration Date: ,; Mayor L� By: —'L21 Nidavone Nir anh Risk Manager [END OF SIGNATURES) ATTACHMENT' Exhibit A: Sample Quarter of Programming Activity Schedule Exhibit B: Program Facilities Exhibit C: Dock Space and Boat Storage Exhibit D: Vessel s=leet Exhibit E: Insurance Requirements Al 3-00722 Choc # 104190 Regents of the University of California Page 13 13-22 EXHIBIT A SAMPLE 'R'.° QA.rR O PROGRAMMING y. R ice- I: a ACTIVITY d MARINA PARK COMMUNITY ROATiNG PROGRAM OPERATED By UD! 1 ST SEASQN IN OPERATION - SPR (NG, 2016* ,.--- -- ,, ,,,, r,�,y,o,110 win vary, avpeouu u on sQesqn, Wbather, SOW breaks, et4, Classes will Ilkalyhe added arsubtraa#ed, based ()n demand; PlLeft' KEY f�'.•DII�. - 2 TAISII Regents of of the University of California Page A-1 13-23 ill EXHIBIT B FACILITIES DulJDK R ........... 44 40. pr i. t44,1MY " 44 , , ` aYii M , ; z to I ..j" 7'- 114.1 W, I m7:0 OWN " I . . . .............. Regents of the University of California Page B-1 13-24 EXHIBIT G DOCK SPACE AND BOAT STORAGE 7111jM)dDffVf 77 Regents of the Uri versity of California Page C-1 13-25 da— i n•til% :E,'i ' € iY4lf�i�o+ 2 a e 1as ffi53 .f II ew nRa�� 4 `Iti if S a 3EE�*c�v AHI Regents of the Uri versity of California Page C-1 13-25 VOSEL FLEET rpe osscwrrlcN. MM/.WWQR Y[IU{ uniue GT4 TOSS Pupa Lpo«ye�oj -,YAW[ pad 1 NSgIrt51S ZN Oyu swb Mf Lkufimd IN wu 0. "fel 3 Afr�Ultp o5111aas kl. vaulhama adnhs 14-tu"E, NS N�.:ELLlh New .7414 BOW (AY C4 kftwd - Iwmd I'MIONIM 25 lyr d,FAIIVwinwalkkealmlat - f kaalea yalUlaal {al bl a:atnn�{ d W •k Il I Uuat,, ul uad tWIk112 tU40 ' ,aaq .UmU U S go La -am ja U I Hwopd {34Mka li+tYANs ynpl{LaaE11Y lodtP ICdla uihiM p{{{Ilg:Pn wl, {hr<ns kr ak N .1416 55kq TI•• I&ddO tUY (eared 51,PN -LfY PAtlp{IUWlRi5) -tl! .Ib JJp a JJtaw1 flwdi u IY'luldkP{dau Loll w�Ule Iw.. 61ts{1 aaSlakI WLJICf Ne+.. 101h S9Rf'S a{µ12U15n 5225. 53,UUU.w' Esu /5 `• 1 xb,lf5. 2 Ttl Upb -awd 4akoil CgACH8iIA15. Y�IwIUaaHPm kwalvatlrvE IIa RuSIPn iSlldlel PnIy11P IIPri�NIM{Ised S.a.UUo ej ; ,UW IwN ./-,• 1U,Wq CIN ky • P-'tIw- WehlP/4 i{Ihnduwaalth tl%# Wve kitl{{uteEaloE lho dalnPl lAF*a<elulkahul thv.ylCY€tqunkalMala afumawdju{Iptnkulnale ptlu[haw Hvnitrga+WHxluupskalthlsa�'aNlalle R.wwd PiJW15 Regents of tate University of California Page 0-1 13-26 EXHIIT E • INSU 1 As r' A. Provisl2Q,. of insurance, Without limiting the University's indemnification of City, and prior to commencement of Program, the University shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. The University agrees to provide insurance in accordance with requirements set forth here, The University's online Certificate of Self -Insurance Coverage (htti)://www.UCOD-edu/risk-services/ file uc-aeric ert-cover-sh et -2 4- , d is accepted by City, with appropriate endorsements as outlined in this exhibit, as the University's, compliance with the requirements of these Insurance Requirements. B. Acceptable Insurers_Ail insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California., with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City Risk Manager. C. Coverage Re uir ments. 1. Workers' Compensation Imucance. The University shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at Least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. (a) The University shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. (b) In the event The University has no employees requiring the University to provide Workers' Compensation insurance, the University shall so certify to City in writing prior to City's execution of this Agreement. 2. General Liability Insuranc The University shall maintain commercial general liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence. The policy shall cover liability arising from Premises, operations, personal and advertising Injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. Regents of the University of California Page E-1 13-27 (a) The University shall have the option of purchasing liability coverage through the City of Newport Beach's Special Event insurance program, or through Southern California Municipal Athletic Federation ("SCMAF") or providing its own coverage. If the University elects to obtain its own coverage, said coverage must be as outlined in this Exhibit. (b) Please initial the statement that applies; The University shall provide a copy of the General Liability Insurance with Additional Insured Endorsement that meets the requirements contained herein., The University shall utilize City -provided insurance through Southern California Municipal Athletic Federation ("SCMAF") and will pay all required fees billed on a quarterly basis by City. I have reviewed the Contractor's Handbook for complete Information. Please nate that SCMAF does not provide coverage for Worker's Compensation or Automobile Insurance Liability, 3. A.utomo ' e t_ ilii ln5.urance. The University shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the University arising out of or in connection with Program 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 ($9,000,o0o) combined single limit each accident. D. Other Insurance ReaulreMprits. The policies are to contain, or be endorsed to contain, the following provisions; Waiver of -Subrogation. Worker's Compensation coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the University or others providing. insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. The University hereby waives Its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 2. Prima and Non Contribute . All liability coverage shall :apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. Regents of the university of California. Wage E-2 13-28 3. NP- Lice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 4. 5obcontractors. The University shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and the University shall ensure that City is an additional insured on insurance required from subcontractors, For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 36 04 13. E. Additional 6greeLngnts Between the. Parties. The parties hereby ,agree to the following: Evidenee Rf- Insurange. the University shall provide certificates of insurance to City as evidence of the Insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as ,specified herein for each coverage. Insurance certificates and endorsement must be approved by the City Disk Manager, prior to commencement of performance. Current. certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time, 2e Cit 's Ri ht to Revise Fte uir tints. The City reserves the right at any time during the term of the contract to change the amounts and. types of insurance required by giving the University sixty (60.) days advance written notice of such change. If such change results in substantial additional cost to the University, City and the University may renegotiate the University's compensation, 3. Enforcement.,of Contract Provisions. The University acknowledges and agrees that any actual or alleged failure on the part of City to inform the University of non: -compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. 4. Fie: uirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature Is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the University maintains higher limits than the minimums shown ,above., City requires and shall be entitled to coverage for higher limits maintained by the University. Any available insurance proceeds In excess of the. specified minimum limits of insurance and coverage shall be available to City. 1101 Regents of the University of California sage. E-3 13-29 5. Self-insured Retentions. Any self -Insured retentions must be declared to and approved by City. 6. Ci remedies for Non Com liance. If the University or any subcontractor faits to provide and: maintain Insurance as required herein., then City shall have the right but not the obligation, to purchase such insurance., to terminate this agreement, or to suspend the University's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to the University or reimbursed by the University upon demand. Timed. N Lice of CI-alli1s, The University shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from the University's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 8. The Un'v sit 's Insurance. The University shall also procure and maintain, at Its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Program.. Regents of the University of California page E-4 13-30 EXHIBIT B VESSEL FLEET DETAIL vessei MuUci Maze Amount rear Lengtn Mull Numbers CF Numbers GB LDC R5044 RS Venture RS 2 161411 D515 GB LDC R5045 D515 GB LDC D0064 L516 GB LDC D0067 L516 GB LDC D0072 L516 GB LDC D0074 L516 GB LDC D0079 L516 10 3.: RS Quest RS 12 11 141111 GB LDC D0078 L516 GB LDC D0077 L516 GB LDC D0076 L516 GB LDC D0075 L516 GB LDC D0060 (?) GB LDC D0071 (?) GB LDC D0028 K516 Sabots 20 WDSH 6348 C111 CF 5403 XC Lido 14's WD Schock 3 2011 14' 6" WDSH 6349 C111 CF 5402 XC WDSH 6350 C111 CF 5401 XC Kayak - Singles 8 Kayak - Doubles 16 SUP 35 Regents of the University of California Page B-1 13-31 Regents of the University of California Page B-2 13-32 Lido 14's WD Schock 3 2012 14' WDSH6355B212 CF 5394 XC WDSH635413212 WDSH635613212 3 J22's Waterline 6 2011 22' USW21632HO10 CF 9653 XS USW21633HO10 CF 9654 XS USW21634HO10 CF 9652 XS USW21635K011 CF9672 XS USW21636K011 CF 9674 XS USW21637A111 CF 9673 XS Inflatable BoatsXDCP4221J516 (RIB) zodiac 2 2016 13'9" CF 9978 XS XDCP4222J516 CF9979 XS •� � Motor Boat Boston Whaler 1 19$4 13'4" BWCJ3821M$4E CF 9740 XS FJ's Vanguard 7 13' CF 8966 XS CF 8962 XS CF 8963 XS CF 8964 XS CF 8965 XS CF 8995 XS CF 9760 XS Regents of the University of California Page B-2 13-32 Department: Finance Requestor: Laura Detweiler City of Newport Beach BUDGET AMENDMENT ONETIME: ❑ Yes O No /_111EXa:IJil=1kik2:1 BA#: 20-051 Approvals Prepared by: Walid Ha ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date O COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations after the mutual termination of the Cooperative ❑O from existing budget appropriations Agreement between the City of Newport Beach and The Regents of the University Of California for the Marina ❑+ from additional estimated revenues Park Community Boating Program. This Budget Amendment will increase revenue estimates from the Marina ❑ from unappropriated fund balance Park Tidelands Boating Program classes, increase expenditure appropriations for a Part Time Recreation Coordinator and Facilities Maintenance Worker II, and reduce contract expenditures for paddle board kayak rentals and tidelands instructor payments. REVENUES Fund # Org Object Project Description Increase or Decrease $ 010 0107023 521427 Marina Park - Tidelands Boating Progrm Class 35,062.00 EXPENDITURES Fund # Org 010 0107023 010 0107023 010 0107023 010 0107023 010 0107023 010 0107023 Object Project 811046 711003 727016 722001 724001 723002 Description Marina Park - Tidelands Instruct Pymts Marina Park - Salaries Part Time Marina Park - Medicare Fringes Marina Park - Pension Member Contrib Misc Marina Park - EE Contribution Misc Marina Park - Pension Normal Cost Misc Subtotal $ 35,062.00 Increase or (Decrease) $ (57,228.00 _ _ 87,800.00 1,272.00 5,697.00 (11,395.00) 8,916.00 FUND BALANCE Fund # Object Description Subtotal $ 35,062.00 Increase or Decrease $ Subtotal $ No Change In Fund Balance 13-33