HomeMy WebLinkAbout13 - Agreement for the Fostering interest in Nature (FiiN) ProgramQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
January 28, 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: Justin Schmillen, Recreation Manager
jschmillen@newportbeachca.gov
PHONE: 949-644-3160
TITLE: Approval of Agreement with Newport Bay Naturalists and Friends,
d.b.a. Newport Bay Conservancy, for the Fostering interest in Nature
(FiiN) Program
Staff is requesting City Council approval to sign a five-year contract between the City of
Newport Beach and Newport Bay Naturalists and Friends, d.b.a. Newport Bay
Conservancy (NBC), to run the Fostering interest in Nature program.
RECOMMENDATION:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Award a five (5) year agreement for the Fostering interest in Nature Program to
Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for a total
not -to -exceed amount of $520,403 ($100,000 each year with a 2% cost increase
adjustment after year one), and authorize the Mayor and City Clerk to execute the
contract agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding. It will be expensed to the "FiiN
Rec Support, Services Professional" account in the Recreation and Senior Services
Department, 16470-811008.
DISCUSSION:
In 2015, the California Coastal Commission (CCC) approved the coastal development of
the Lido House Hotel on the Balboa Peninsula. The CCC also approved in -lieu mitigation
fees from the project to support the Fostering interest in Nature (FiiN) program and fulfill
the provision of lower-cost overnight opportunities. FiiN is a free, 4 -day 3 -night
educational, outdoor program for Title I fifth grade students in Orange County.
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Approval of Agreement with Newport Bay Naturalists and Friends, d.b.a. Newport Bay
Conservancy, for the Fostering interest in Nature (FiiN) Program
January 28, 2020
Page 2
The program operates for 10 weeks between March and May and aims to reach
400 students each year. The camp experience takes place throughout the Upper Newport
Bay in order to immerse students in a natural setting and the rich ecology of the
surrounding ecosystems. FiiN also collaborates with Newport Dunes to provide amenities
to support the program. FiiN has a ten-year budget of $1.47 million, stemming from both
the Lido House Hotel project and City funds, and will operate through 2028 per the
memorandum of understanding between the City of Newport Beach and the CCC.
In 2017, the Recreation & Senior Services Department conducted a Request for
Proposals (RFP) process to find the contractor best suited to manage the FiiN program.
Camp James was selected to run the overnight camp operations and NBC was selected
to run the daytime educational programming for the pilot year of the program. The
program was successful in providing a unique science camp opportunity to 285 fifth -grade
students from Title I schools in the Newport Mesa Unified School District and the Santa
Ana Unified School District.
However, at the conclusion of the program's first year, Camp James indicated the need
to significantly raise fees to provide overnight camp services and site amenities for FiiN,
which would consequentially put the FiiN program over budget. Based on NBC's
qualifications, successful first year of programming, and ability to oversee the entire
program at a reduced cost, staff determined that it would be more cost effective and
efficient for the life of the program if FiiN was operated under one contractor. NBC's cost
to operate the program in its entirety falls below their initial costs provided in the RFP.
The table below summarizes the cost savings associated with choosing to work with NBC
acting as the sole -operating contractor for the FiiN program moving forward:
Contractor
2019
2020 Proposed
2 Contractors
1 Contractor
$46,193
$100,000
daytime educational
daytime educational
NBC
programming
programming and
overnight camp
operations
$114,700
Camp James
overnight camp
operations
TOTAL
$160,893
$100,000
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Approval of Agreement with Newport Bay Naturalists and Friends, d.b.a. Newport Bay
Conservancy, for the Fostering interest in Nature (FiiN) Program
January 28, 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. No new
construction or intensified use of facilities is proposed. The action consists of an
agreement to manage and fund as an existing youth program in the City.
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).
ATTACHMENT:
Attachment A — Agreement
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ATTACHMENT A
INDEPENDENT CONTRACTOR AGREEMENT
RECREATION PROGRAMING AND SLEEPING ACCOMMODATIONS
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 28th day of January, 2020 ("Effective Date") by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Newport Bay
Naturalists and Friends, DBA Newport Bay Conservancy, a California nonprofit
corporation ("Contractor"), to provide the classes, programs, and sleeping
accommodations for the Fostering Interest in Nature ("FiiN') Program ("Class" or
"Program") hereby agreed upon, as scheduled and described herein and as approved in
writing by City.
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 the City.
B. On February 17, 2016, the California Coastal Commission ("Commission") issued
to Olson Real Estate Group, Inc., d.b.a. R.D. Olson Development ("RD. Olson"),
corrected Coastal Development Permit (Permit Application No. 5-14-1785)
("Permit"), regarding the development taking place within the coastal zone at 3300
Newport Boulevard, Newport Beach, California, County of Orange, Assessor's
Parcel Number 423-111-02.
C. Pursuant to the Permit's Special Condition Number 6, Lower Cost Overnight
Accommodations Mitigation ("Special Condition No. 6"), on September 15, 2016,
the City entered into a Memorandum of Understanding ("MOU") with the California
Coastal Commission, a California public agency ("Commission"), to memorialize
the Commission's acceptance of the City's intent to use the in -lieu mitigation fee,
for the purposes of providing lower-cost overnight accommodation opportunities in
conjunction with an outdoor youth educational program in the vicinity of Newport
Beach or greater Orange County ("Fostering interest in Nature 'FiiN' Program").
D. City desires to engage Contractor to assist in the administration, operation and
supervision of the City of Newport Beach, Recreation and Senior Services
Department's Program.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2024, unless terminated earlier as provided herein.
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2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3.1 City shall pay Contractor for the Program on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Twenty
Thousand Four Hundred Three Dollars and 001100 ($520,403.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
3.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
3.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
C ity.
3.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Program
or Class, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4. DUTIES OF CITY
4.1 The duties of the City are set forth in Exhibit A attached hereto and
incorporated herein by reference.
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5.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative, volunteer, or employee (collectively "Representative" or
"Representatives") who will be teaching the Class or assisting in teaching the Class are
qualified to do so, and qualified to perform the services described above and in the
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Program outline submitted to City. Contractor is responsible for all Program curriculum
development. Contractor is responsible for training, supervising, evaluating, scheduling,
and any other requirements by law for all Representatives. Contractor warrants that it will
continuously furnish the necessary personnel to provide the Program or Classes as
contemplated by this Agreement.
5.2 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 Agreement. All Representatives must comply with the
Fingerprint and Criminal Background Check policy in Section 10. All Representatives
must be able to provide proof of legal right to work in the United States.
5.2.1 Representative Approval Form. Attached as Exhibit C, and
incorporated herein by reference, is the Representative Approval Form ("Form"). Each
Representative is required to obtain the written approval of the Recreation & Senior
Services Director 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 a completed Form for each Representative that Contractor
desires to use to provide services pursuant to this Agreement. 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.
5.2.2 Please initial the statement that applies:
I will not be using Representatives.
I will be using Representatives. Any completed and approved Forms
shall be incorporated herein by reference. 1 shall not authorize any
Representative to provide services pursuant to this Agreement unless
and until the Recreation & Senior Services Director has approved in
writing the completed Form for that individual Representative.
5.3 Subcontracting. Contractor shall not subcontract or assign any portion of
the rights, obligations or duties required under this Agreement, without first obtaining prior
written approval from City. Subcontracts, if any, shall contain a provision making them
subject to all provisions of this Agreement.
5.4 Anti -Discrimination Laws. Contractor agrees and certifies that no person
shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex, sexual orientation or any other impermissible basis under the law, be
excluded from participation in, or be denied the benefits of the services provided pursuant
to this Agreement except as otherwise permitted by law. Contractor shall, where
applicable, conform to the requirements of the Americans with Disabilities Act in the
performance of this Agreement.
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5.5 Contractor Photo ID Badge. Contractor and Representatives are required
to wear a City -provided Contractor Photo ID Badge at all times while engaging in services
for City. Contractor shall be required to pay five dollars ($5.00) for any lost or replacement
Contractor Photo ID Badge. Contractor Photo ID Badges are distributed upon execution
or renewal of the Agreement with City.
5.6 Further obligations and duties of the Contractor are set forth in Exhibit A
attached hereto and incorporated herein by reference.
6. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. The Recreation & Senior Services Director, or designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. NOTICES
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, or on the
third business day after the deposit thereof in the United States mail, postage prepaid,
first-class mail, addressed as hereinafter provided.
7.1 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn.: Recreation & Senior Services Director
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
7.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn.: Heather Cieslak
Newport Beach Naturalists and Friends
DBA Newport Bay Conservancy
600 Shellmaker Road
Newport Beach, CA 92660
8. INDEPENDENT CONTRACTOR
8.1 The parties intend and agree that at all times during the performance of
services under this Agreement, Contractor and Representatives shall act as an
Independent Contractor and shall not be considered an agent or employee of City. As
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such, Contractor shall have the sole legal responsibility to remit all federal and state
income and Social Security taxes and to provide for its own workers compensation and
unemployment insurance and that of its Representatives. Contractor also agrees to
provide liability insurance as required by City and described more fully below and in
Exhibit D. City shall not be liable for any payment or compensation in any form to
Contractor other than as provided herein. City reserves the right to employ other
independent contractors and contractors who teach the same or similar classes. City
shall provide Contractor with IRS Form 1099-MISC or other applicable IRS forms at the
end of the calendar year for all fees paid to Contractor.
8.2 Contractor agrees and acknowledges that no individual performing a Class
or Program pursuant to this Agreement, including Contractor and Representatives, shall:
work full-time for more than six (6) months; work regular part-time service of at least an
average of twenty (20) hours per week for one year or longer; work nine hundred sixty
(960) hours in any fiscal year; or already be a CalPERS member.
9. INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement
of Classes, Contractor 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 D, and incorporated herein by reference. All
policies, endorsements, certificates, and/or binders shall be subject to approval by the
City as to form and content. These requirements are subject to amendment or waiver only
if so approved in writing by the City. A lapse in any required insurance coverage during
this Agreement shall be a breach of this Agreement.
10. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
10.1 Contractor and its Representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City at least thirty
(30) calendar days prior to teaching, substituting for Contractor, or assisting with any
Class. Contractor and its Representatives are required to submit fees at City's cost
pursuant to the administrative fee schedule (NBMC §3.36.030) to the City of Newport
Beach, Recreation & Senior Services Department, to cover all costs associated with
fingerprinting through the City of Newport Beach Police Department and the Department
of Justice. Fingerprints may be required to be updated every five (5) years.
10.2 In addition, all Classes involving participants age seventeen (17) years or
younger ("minors") must be taught in an open atmosphere where parents and guardians
are able to observe Class instruction, if so desired. At no time may the parent or guardian
of a minor be denied access to a Class.
11. TRANSPORTING OF MINOR PARTICIPANTS
11.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor or its Representatives, shall not transport any minor
participant by vehicle or otherwise.
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11.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no contact
can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office
at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol Division
at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and Sunday,
9 a.m. to 5 p.m.). During all other hours, Contractor shall contact the Newport Beach
Police Department Dispatch number for assistance at (949) 644-3717.
12. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall remain
the property of City. Contractor shall not release such information to others without the
prior written authorization by City. Contractor shall not use such information for any other
purpose than that authorized by City. All Class rosters, Class participant addresses and
contact information shall be used by Contractor solely for administration of Classes and
performing City business. Contractor shall take reasonable steps consistent with the law
to prevent distribution of such information. Contractor's obligations under this Section
shall survive the termination of this Agreement.
13. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, seal, logos or insignia, or photographs of
the Class site or participants, in any publicity pertaining to Contractor's services or Class
in any magazine, trade paper, newspaper, radio or television production, Internet, or other
printed or electronic medium without the prior written consent of City and participants.
14. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in City must obtain a business license prior to conducting business in City and
pay the required business license tax. The City business license tax is an annual fee due
every twelve (12) months. Contractor agrees to obtain a City business license as required
by Chapter 5.04 and provide proof of compliance annually. Business license applications
are available in the Revenue Division Office at Newport Beach City Hall. In certain
circumstances, Contractor may be eligible to pay a reduced business license tax, which
is known as an "apportioned business tax". A Declaration for Apportioned Business Tax
is available in the Revenue Division Office at City Hall. A copy of the business license
must be submitted with this Agreement.
15. INDEMNIFICATION
15.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions, and any person or entity, other than Contractor or any
parent or subsidiary organizations thereof, owning or otherwise in legal control of the
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property upon which Contractor performs the Class or Program contemplated hereunder
("Indemnified Parties") with respect to any loss, liability, injury or damage that arises out
of, or is in any way related to, the acts or omissions of Contractor, its employees,
representatives, officers and agents in the course of performing services under this
Agreement; however, Contractor shall not be required to indemnify City from any claim
arising from the sole negligence or willful misconduct of the Indemnified Parties. Neither
Contractor nor any of its parent or subsidiary entities thereof are considered "Indemnified
Parties."
15.2 Intellectual Property. Contractor shall defend, indemnify, and hold harmless
the Indemnified Parties from any claim of infringement or other proceedings brought
against City for any intentional or unintentional violation by Contractor of the displayed,
or written or digital materials provided by Contractor and used during the performance of
this Agreement. Such legally protected rights of third parties include but are not limited
to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks
and copyrights vested or issued as of the Effective Date of this Agreement. If Contractor
will be providing a public performance of musical compositions or arrangements that are
subject to a license held by a third party, it is the responsibility of Contractor to obtain the
appropriate license to perform the material prior to the public performance.
16. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this
Agreement at any time by giving three (3) calendar days' prior written notice to Contractor.
In the event of termination under this Section, City shall pay Contractor on a prorated
basis for any Classes or Programs that were actually taught by Contractor, if any, up to
the effective date of termination.
17. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to all claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (California Govt. Code
§§ 900 et seq.).
18. STANDARD PROVISIONS
18.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
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18.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
18.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions herein.
18.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
18.5 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.
18.6 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.
18.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
18.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
18.9 Severability. If any term or portion of this Agreement 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.
18.10 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.
18.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date
By:
aron C. Hapoi4u
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments: Exhibit A -
Exhibit B --
Exhibit C -
Exhibit D --
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: NEWPORT BAY
NATURALISTS AND FRIENDS DBA
NEWPORT BAY CONSERVANCY, a
California nonprofit corporation
Date:
in
Randall English
Chief Executive Officer
Date:
Pam Winkler
Chief Financial Officer
[END OF SIGNATURES]
- Scope of Services
- Schedule of Billing Rates
- Representative Approval Form
- Insurance Information
Newport Bay Naturalists and Friends DBA Newport Bay Conservancy Page 9
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EXHIBIT A
SCOPE OF SERVICESIADDITIONAL TERMS & CONDITIONS
1. Fostering Interest in Nature (FiiN) Program Structure:
1.1. Program Season: First Tuesday of March through the 10th consecutive Friday
following the start date. 2020 Example: March 3, 2020 through May 8, 2020,
Tuesday through Friday for ten (10) consecutive weeks. Future program dates to
be determined.
1.2. Program Sessions: Season shall consist of up to ten (10) Program sessions; one
(1) Program session per week, over a period of up to ten (10) consecutive weeks.
1.3. Program Session Duration: A Program session begins on Tuesday morning and
ends on Friday afternoon.
1.4. Program Day Duration: Program days will begin and end at a reasonable hour
each day in order to accommodate staffing and facility needs. On Tuesday, camp
shall begin at 10:00 a.m. On Friday, camp shall end no later than 1:00 p.m.
Contractor's staff will be present for the duration of all three (3) nights of the
overnight component of the Program.
1.5. Program Schedule: Activities, meals, and the start and end of each day shall
follow the attached sample program schedule; times and days may change.
1.6. Participants: Program shall accommodate up to forty-eight (48) students enrolled
in a Title I school, as defined by the Elementary and Secondary Education Act
("ESEA") of 1965, and at least one (1) teacher, meeting a minimum 1:8 ratio of
Contractor's staff to participants. Program shall not exceed four hundred (400)
students over the duration of the Program season.
1.7. Facilities: A map indicating the location of City facilities hosting FiiN activities is
hereby attached to this Scope of Services.
• Big Canyon Nature Preserve
• Back Bay Science Center
• Back Bay Bistro
• FiiN Base Camp
2. CONTRACTOR'S RES PONS] BILITIESIPROVISIONS
Contractor shall assist in the administration, operation and supervision of the City of
Newport Beach, Recreation and Senior Services Department's FiiN program.
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2.1. Administration
Contractor's Program Manager shall cooperate fully with the program, including meeting
with City's Project Administrator or his/her designees when requested, modifying
operations and/or supervision when in the interests of the Program, fulfilling additional
requirements from school districts that are participating in the program and maintaining
an open and regular dialogue with the City and the Project Administrator or his or her
designee regarding Program matters.
Contractor may solicit sponsorships or donations directly related to the purpose of
program support. All sponsorships and donations must be processed and approved by
the Project Administrator or designee.
Contractor shall provide documentation to the Project Administrator or his/her designees
when requested, outlining program standards, policy and procedures as it relates to their
responsibilities.
Contractor shall provide, at minimum, an apparel giveaway item for each student
scheduled to attend the program. Item must include the HN logo and logos of all program
partners and, if applicable, program sponsors. Additional items relevant to the program
may be provided. All giveaway items, including design, must be pre -approved by the
Project Administrator or designee.
Contractor and/or its representatives are authorized to access the Back Bay Science
Center Complex ("BBSC Complex") and conduct the Program as an "Operating Partner"
under the Back Bay Science Center Complex Operating Agreement dated February 26,
2008, between City and the California Department of Fish and Game, who are parties to
the Operating Agreement. Contractor and/or its Representatives, as an acting Operating
Partner, is permitted to use the City's designated office space during the Program and
outside of approved Program hours. Contractor and/or its representatives, shall not,
represent the City as an Operating Partner for the Programs Working Group or Facilities
Working Group, as defined in the Operating Agreement.
2.2. Educational Programming and Base Camp Operations
Contractor's Program Manager and/or designated representative(s) are responsible for
development of the program curriculum and shall focus on coastal and marine ecology
water -oriented activities such as kayaking, boating, and swimming, ocean safety, coastal
hazards, and/or other coastal related topics. The evening/overnight program curriculum
shall focus on hygiene, sleeping preparation and supervision, campfire programs, award
ceremonies and/or other related topics.
Contractor's Program Manager and/or designated representative(s) shall submit Program
curriculum and tentative activities outline to the City for review and approval sixty (60)
days prior to the start of the camp season.
Contractor's Program Manager and/or designated representative(s) are responsible for
setting up and disassembling of City -provided Program equipment including but not
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limited to: temporary sleeping structures, cots, sleeping bags, pillows, blankets, and
safety equipment. City -provided Program equipment must be set up prior to the start of
each Program session.
Contractor's Program Manager and/or designated representative(s) are responsible for
oversight and facilitation during each camp session of the following program elements:
• Overseeing welcome activities (Tuesdays);
• Educational programming and activities (daily);
• Distributing meals (daily);
• Escorting and transitioning participants to and from camp operations staff (daily);
• Logistics and supervision of Program's overnight component including but not
limited to sleeping arrangements, personal belongings, quiet hours, behavior,
and general safety (daily);
• Logistics and supervision of personal hygiene activities including but not limited
to showering, bathroom use, brushing teeth, health and cleanliness, appropriate
behavior, and general safety use (daily); and
• Overseeing departure and cleanup activities (Fridays).
Contractor will also be responsible for assisting City in setting up camp prior to the first
week of programming, and breaking down camp prior to the final program week. This
includes, but is not limited to; tent set up and breakdown, cot set up and breakdown,
facility cleaning (sweeping, trash pickup), and removal of other program supplies that do
not belong on property.
2.3. Supervision
Contractor's Program Manager and/or designated representative(s) are responsible for
the hiring, scheduling, supervision, and evaluation of a Volunteer Coordinator, an
Education Manager, Activity Leaders, and volunteers who:
• Are adequately trained and knowledgeable with regards to coastal and estuarine
ecosystems, environmental conservation and stewardship and natural
environments.
• Are adequately trained, knowledgeable, and physically able to lead and
supervise outdoor activities such as hiking, orienteering and observing wildlife.
• Are adequately trained, knowledgeable, and physically able to lead, supervise,
and provide certified lifeguard safety services for water related activities such as
kayaking, boating and swimming, if programmed.
• Are adequately trained, knowledgeable, and physically able to lead and
supervise educational or camp related activities.
• Shall competently maintain a safe and educational environment in accordance
with City rules and regulations, School rules and regulations and all other policies
or procedures governing youth programs.
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• Are adequately trained and knowledgeable with regards to behavior
management, discipline, and physical and emotional safety (i.e. bullying) of
youth.
• Are adequately trained and knowledgeable with regards to youth programming
and structured and unstructured supervision.
• Are adequately trained, knowledgeable and physically able to lead, and
implement camp -related activities.
Contractor's Program Manager and/or designated representative(s) shall report and
provide the City with an assessment in written form of any Activity Leaders, Overnight
Staff, Volunteer Naturalists, or participant related accident or incident, within twenty-four
(24) hours following the accident or incident in question.
Contractor shall provide City's Project Administrator with access to schedule of
Contractor's naturalists and staff as assigned prior to the start of each Program session,
must include names, addresses and phone numbers for all Activity Leaders, Overnight
Staff, and Volunteer Naturalists working under Contractor's employment.
Contractor shall schedule a minimum of four (4) Activity Leaders to administer educational
programming and activities for the duration of the camp curriculum for the day. Contractor
may also schedule volunteer naturalists to fulfill the program ratio of one (1) staff to eight
(8) students. Contractor may schedule additional Activity Leaders when program size
exceeds thirty two (32) participants and Volunteer Naturalists are unavailable. Contractor
shall not be compensated for staffing that unnecessarily exceeds the Program's staff to
student ratio.
The 1:8 ratio must be maintained for the evening/overnight portion of the program, with
Contractor providing enough staff to adequately supervise the gender -specific
tent/sleeping arrangements (e.g. there must be enough female overnight staff to
adequately supervise the female tents under a 1:8 ratio and enough male overnight staff
to adequately supervise the male tents under the 1:8 ration).
Contractor's Program Manager shall notify the City's Project Administrator or his or her
designee of any problems or changes in Contractor's assignments of Activity Leaders,
Overnight Staff, and Volunteer Naturalists due to causes within Contractor's reasonable
control no later than twenty-four (24) hours prior to each scheduled educational activity.
When this notice is not possible, Contractor's Program Manager agrees to notify the City's
Program Administrator or his or her designee immediately.
Contractor's Program Manager and/or designated representative(s) shall provide the City
with an annual evaluation report, upon request, of all assigned Activity Leaders, Overnight
Staff, and Volunteer Naturalists, including the evaluation process, training procedures and
certification requirements.
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3. CITY RESPONSIBIL.ITIESIPROVISIONS
3.1. Camp Administration
City shall provide administrative oversight for overall planning and implementation of the
Program, including all permits, approvals, and annual reports for the Program.
City shall provide a comprehensive document to Contractor that outlines responsibilities,
standards, policies, and procedures of all participating entities as it relates to the Program.
City shall provide all promotional materials related to marketing and branding the program
including but not limited to design of Program logo, flyers, website, social media content,
sponsorship, and donation packet, etc.
City shall schedule and register no more than four hundred (400) disadvantaged youth
from Title 1 schools, as defined in the ESEA, during the Program.
City shall be responsible for creating and providing Program document including but not
limited to accident and incident forms, Program packing list, program waiver of liability.
3.2. Camp Operations
City shall coordinate transportation logistics to program start location and transportation
from program location end with participating school district staff.
City shall be responsible for purchasing and coordinating any transportation for scheduled
activities during the program.
City shall be responsible for purchasing and coordinating all meals and their delivery to
site locations for the duration of the program.
City shall be responsible for purchasing and coordinating access and reservations to
facilities including but not limited to showers, meeting rooms, and educational facilities.
City shall provide and when necessary, repair, clean and replace the following equipment:
• Tents;
• Cots;
• Safety equipment;
• Sleeping pads; and
• Spare items from the participant packing list (towels, pillows, toiletries, etc.)
City shall coordinate and remove all City -provided equipment from the HN Base Camp
after the last Program session once equipment has been disassembled by the
Contractor's Program Manager and/or designated representative(s).
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City shall not be responsible for any equipment or supplies purchased or owned by
Contractor. City shall not be responsible for repairing, cleaning or replacing any
equipment or supplies that are broken, damaged or misused during educational activities
and Programs.
RN 2020 TENTATIVE SCHEDULE:
Day
Time
Activity
Tuesday
8:00 AM
set-up: tents/beds, promo packs, materials, name tags, etc
Tuesday
9:30 AM
bus arrives, unpack, break into groups
Tuesday
10:00 AM
Tour, groups- team bonding with Activity Leaders, rules &
expectations.
Tuesday
11:00 AM
Intro to Newport Bay program in groups
Tuesday
12:00 PM
Box lunch, downtime, set up tents and unpack. Get promo
packs.
Tuesday
_
1:00 PM
Intro to Photography OR journaling techniques- Distribute
Cameras.
Tuesday
2:00 PM
Walk to Big Canyon
Tuesday
2:30 PM
Mammals- Tracks/pelts/scat
Tuesday
3:00 PM
Plants
Tuesday
3:30 PM
Birds
Tuesday
4:00 PM
Native Americans
Tuesday
4.30 PM
Walk back to Bistro for Dinner
Tuesday
5:00 PM
Back Bay Bistro Dinner
Tuesday
6:00 PM
Nature at Night
Tuesday
7:00 PM
Tent Time
Tuesday
8:00 PM
Camp Fire program
Tuesday
9:00 PM
Bed Time, quiet by 10pm
Tuesday
10:00-12:00 PM
Sleeping (2 hrs)
Wednesday
12:00-7:00 AM
Sleeping (7 hrs) 7am-7:30- Activity Leader showers
Wednesday
7:30 AM
Wake-up, Showers, get dressed
Wednesday
8:30 AM
Breakfast at Bistro- Hot breakfast
Wednesday
9:00 AM
Walk to Back Bay Science Center
Wednesday
9:30 AM
Intro to Marine Mammals- BBSC Classroom
Wednesday
10:00 AM
Cool Breeze Harbor Cruise
Wednesday
12:00 PM
Arrive back from cruise, box lunch at BBSC
Wednesday
12:30 PM
Marine Lab at BBSC
Wednesday
1:30 PM
Plankton
Wednesday
2:00 PM
Water Quality
Wednesday
2:30 PM
Pollution
Wednesday
3:00 PM
Touch Tanks
Wednesday
3:30 PM
Movie and worksheets- Racing Extinction
Wednesday
5:00 PM
Dinner at Bistro
Wednesday
6:00 PM
Nature at Night
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Wednesday
7:00 PM
Tent Time
Wednesday
8:00 PM
Campfire Program
Wednesday
9:00 PM
Bed Time, quiet by 10pm
Wednesday
10:00-12:00 PM
Sleeping (2 hrs)
Day
Time
Activity
Thursday
12:00--
7.000-
Sleeping (7 hrs) 7am-7:30- Activity Leader showers
Thursday
7:30 AM
Wake-up, Showers, get dressed
Thursday
8:30 AM
Breakfast at Bistro (Light- continental)
Thursday
9:00 AM
Walk to Back Bay Science Center
Thursday
9:30 AM
Service Activities- Clean-up along Back Bay Drive
Thursday
10:30 AM
Service Activities- Plant restoration
Thursday
11:30 PM
Clean-up
Thursday
12:00 PM
BIG hot lunch at Bistro
Thursday
1:00 PM
Photojournalism projects
Thursday
2:00 PM
Photojournalism projects
Thursday
3:00 PM
Photo journalism projects
Thursday
4:00 PM
Photojournalism presentations
Thursday
5:00 PM
Photojournalism presentations
Thursday
6:00 PM
Campfire Dinner
Thursday
7:00 PM
Campfire Program
Thursday
8:00 PM
Tent Time
Thursday
9:00 PM
Bed Time, quiet by 10pm
Thursday
10:00-2.00
Sleeping (2 hrs)
Friday
12:00-7-00
AM
Sleeping (7 hrs) 7am-7:30- Activity Leader showers
Friday
7:30 AM
Wake-up, Showers, get dressed
Friday
8:30 AM
Breakfast at Bistro- BIG hot breakfast
Friday
9:30 AM
Load Bus
Friday
10:00 AM
Kayaking/Beach Games
Friday
11:00 AM
Kayaking/Beach Games
Friday
12:00 PM
Bus departs- back to school
Friday
12:00-1:00
PM
VOLUNTEER Staff meeting,
issues/concerns/needs/acknowledgment
SUMMARY:
Contractor shall be responsible for continuous camp oversight from 9:00 a.m. on
Tuesday to 1:00 p.m. on Friday during each week of programming, for up to ten (10)
consecutive weeks.
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2. Newport Dunes shall be responsible for facilitating ten (10) meals including breakfast
(8:00 a.m. to 9:00 a.m.), lunch (12:00 p.m. to 1:00 p.m.), and dinner (5:30 p.m. to 6:30
p.m.) daily, pursuant to a separate Memorandum of Understanding entered into
concurrently herewith between the City and Newport Dunes.
3. City shall be responsible for managing communication with school/students.
FiiN SITE MAP:
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EXHIBIT B
SCHEDULE OF BILLING RATES
Financial and Payment Terms:
Compensation for Program services is set forth below by the City and the Contractor
shall be compensated under the following terms:
STAFFING
Operations
$40.00 per hour not to exceed eight (8) hours per week or
Director:
eighty-eight (88) hours annually.
Volunteer
$22.00 per hour not to exceed five (5) hours per week or fifty -
Coordinator:
five (55) hours annually.
Education
$24.00 per hour not to exceed twenty (20) hours per week or
Manager:
two hundred twenty (220) hours annually.
Activity Leader:
$14.00 per hour not to exceed five hundred (500) hours per
week or five thousand five hundred (5500) hours annually.
OTHER
Volunteer and staff
Not to exceed $1,950 annually.
fingerprinting:
Not to Exceed $102,000 (2% Annual Increase)
Training and
Not to exceed $2,800 annually.
Orientation:
Not to Exceed $106,120 (2% Annual Increase)
Educational
$6,740 annually.
supplies:
$520,403
Liability insurance:
$1,500 total.
TOTAL COST
Year One Total Cost:
Not to Exceed $100,000
I
Year Two Total Cost:
Not to Exceed $102,000 (2% Annual Increase)
Year Three Total Cost:
Not to Exceed $104,040 (2% Annual Increase)
Year Four Total Cost:
Not to Exceed $106,120 (2% Annual Increase)
Year Five Total Cost:
Not to Exceed $108,243 (2% Annual Increase)
Contract Total Cost (5
Year):
$520,403
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Contractor shall submit monthly invoices for completed Program services pursuant to
Section 3 of this Agreement. Invoices shall show line items corresponding with Program
expenses listed above and details of the expenses. Monthly schedules for camp
counselors corresponding with Program sessions shall be submitted for review with each
invoice. Payment for services shall be made in accordance with Section 3 of this
Agreement.
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EXHIBIT C
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
CITY USE ONLY
CONTRACT *
FINGERPRINTS: YES F-1 NO
BACKGROUND: YES D NO
CLEARED
CLEARED TO YES D NO
WORK
PHOTO TAKEN: = YES D NO
CONTRACTOR = YES D NO
NOTIFIED BY EMAIL
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EXHIBIT D
INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR
RECREATION AND SENIOR SERVICES
A. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor 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. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
B. Acceptable Insurers. All 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 the City's Risk Manager.
C. Coverage Requirements.
1. Workers' Compensation Insurance. Contractor 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) Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its elected and
appointed officers, employees, agents, volunteers, representatives, the
City Council, boards and commissions, and any person or entity owning
or otherwise in legal control of the property upon which Contractor
performs the Class or Program.
b) In the event Contractor has no employees requiring the Contractor to
provide Workers' Compensation insurance, Contractor shall so certify to
City in writing prior to City's execution of this Agreement.
2. General Liability Insurance. Contractor 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 two million
dollars ($2,000,000) per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this
program/location (ISO CG 25 03 or 25 04) or the general aggregate limit
shall be twice the required occurrence limit.
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The policy shall cover liability arising from products and completed
operations, property damage, bodily injury, personal and advertising injury,
premises, operations, sexual abuse and molestation with defense cost
included, 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.
3. Sexual Abuse/Molestation: Sexual abuse/molestation coverage shall be
included under Commercial General Liability or obtained in a separate
policy with a limit no less than $1,000,000 per occurrence and $3,000,000
in the aggregate.
4. Automobile Liability Insurance. Contractor 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 Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any automobile (Code 1), or if Contractor
has non -owned automobile, hired, or rented vehicles (Code 8), and non -
owned automobiles (Code 9) in an amount not less than one million dollars
($1,000,000) combined single limit each accident for bodily injury and
property damage.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected and appointed officers, employees, agents, volunteers,
representatives, the City Council, boards and commissions, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Class or Program or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subcontractors.
2. Additional Insured Status. All liability policies including general liability,
excess liability, and automobile liability, but not including professional
liability, shall provide or be endorsed to provide that City and its elected and
appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Class or Program shall be included as insureds under such policies.
3. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
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4. Notice 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.
5. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor 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 38 04 13.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
1. Evidence of Insurance. Contractor 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 City's Risk 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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2. City's Right to Revise Requirements. 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 Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional cost
to the Contractor, the City and Contractor may renegotiate Contractor's
compensation.
3. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations
on the City nor does it waive any rights hereunder.
4. Requirements 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
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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 contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
5. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance If Contractor or any subcontractor
fails 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 Contractor'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 Contractor or
reimbursed by Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor 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
Work.
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