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HomeMy WebLinkAboutC-5126 - Independent Contractor Agreement Recreation InstructorCITY OF NEWPORT BEACH _ Recreation & Senior Services Department INDEPENDENT CONTRACTOR AGREEMENT RECREATION INSTRUCTOR This Independent Contractor Agreement ( "Agreement') is made and entered into as of March 14, 2012 by and between the City of Newport Beach, a California Municipal Corporation and Charter City ( "City "), and MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC., a California non - profit corporation, ( "Contractor ") to provide the classes or programs in EDUCATION ( "Class' or "Program ") hereby agreed upon, as scheduled and described in the Newport Navigator and /or OASIS News, which is incorporated herein by this reference, and as approved in writing by the City. 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 above written date, and shall terminate on December 31, 2012 unless terminated earlier as provided herein. 2. COMPENSATION 2.1 City shall pay Contractor within twenty one (21) business days after the last Class meeting. City shall pay the Contractor an amount equal to eighty percent (80 %) of the amount of the total enrollment fees collected, minus the non - resident fee and a five dollar and no /100 ($5.00) per person administration fee for each Class held. 2.2 The City pays Contractors electronically; the Contractor shall be responsible for ensuring an up to date "Direct Deposit Authorization Form" is on file with the City. 3. DUTIES OF CITY 3.1 Registration. City shall register all participants for classes and shall collect all enrollment fees. Contractor shall not accept enrollment fees directly from a participant unless the City approves, in advance and in writing, the acceptance of enrollment fees by the Contractor. Contractors shall only collect material fees that are pre- approved by the City and published in advance in the Newport Navigator and /or the OASIS News (if applicable). Such material fees shall be collected by Contractor at the first class meeting. 3.2 Publicity. City shall provide publicity for the Class in the Newport Navigator (published on a quarterly basis) and /or the OASIS News (published on a monthly basis). City shall have the sole discretion to decide what information will be included in the Newport Navigator and /or the OASIS News about the Class and the Contractor. Publicity may also include flyers created by the City or the Contractor. Contractor created flyers must be approved in writing by the City before distribution. 3.3 Class Facility. City shall provide a location for.the Class without charging Contractor any rental fees, unless otherwise agreed by the parties. The Contractor will request dates and times for the Classes; the City will inform the Contractor if the facility is available. It is the Contractor's sole responsibility to request these dates /times, the City will not schedule the Contractors Classes for them. 3.4 Refund Processing. City shall provide refunds to participants when: 3.4.1 The participant drops the class before the second class meeting; 3.4.2 The participant drops a one (1) day or more workshop five (5) business days before the workshop begins; or 3.4.3 The class is canceled by the City or Contractor. In the later instance, the Contractor must provide the City with all required paperwork. 3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide class rosters, sign -out sheets and attendance sheets to Contractor online via http : / /newportbeachca.gov /index.aspx ?page =1432. Contractor is responsible for requesting a log -in and password from the City. 4. CONTRACTOR DUTIES 4.1 Contractors. Contractor hereby certifies that he /she or any contractor, representatives, or employee who will be teaching the Class or assisting in teaching the Class is qualified to do so, and qualified to perform the services described above and in the course outline submitted to City. Contractor is responsible for all class curriculum development. 4.1.1 City staff must approve in writing all assigned contractors, representatives and employees prior to any of them performing any services under this Agreement. The City requires the Contractors and all representatives and employees of the Contractor to be fingerprinted prior to performing services under this Agreement in accordance with Section 8 below. A current roster of Contractors, representatives, and employees must be provided prior to City approval of new contractors, representatives and employees. All Contractors must be able to provide proof of legal right to work in the United States. Contractor is responsible for training, supervising, evaluating, scheduling, and any other requirements by law for all contractors, representatives, and employees. 4.2 Representatives /Employees. Contractor shall provide the City with the Name(s), Address(es) and Phone Number(s) of all representatives or employees who will be providing any services pursuant to this Agreement. All representatives or employees must comply with the fingerprint policy (Section 8). MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 2 4.3 Please initial the statement that applies: ❑ I will not be using representatives or employees. Ed I will be using representatives or employees. Attached please find as Exhibit A, and incorporated herein by reference the full names, addresses and phone numbers of all representatives or employees who will be providing any services pursuant to this Agreement. 4.3.1 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 the City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement. 4.4 Supplies /Equipment. Contractor shall be responsible for providing all supplies, equipment, personnel, materials, and any additional publicity desired for the class, at Contractor's sole expense. Contractor shall also be responsible for repairing and maintaining all equipment and supplies in good working condition. 4.5 Anti - Discrimination Laws. Contractor agrees and certifies that, except as permitted by law, no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, be excluded from participation in or be denied the benefits of the services provided pursuant to this Agreement, and Contractor agrees not to discriminate on said grounds in the hiring and retention of employees and representatives, unless authorized under Section 12940 of the California Government Code. Contractor shall, where applicable, conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 4.6 Class Size. Contractor shall determine the minimum and maximum number of participants required for each class to ensure the quality and, safety of the class. Contractor or Contractor's authorized representative is required to attend the first Class meeting of all Class offerings advertised in the Newport Navigator and /or OASIS News unless Contractor cancels the Class three (3) business days prior to the start date, with the prior written approval of City. In the event of such approved cancellation, Contractor shall be responsible for informing all registered participants. In the event that the minimum number of participants is not met by the first Class meeting, the Class shall be cancelled and the Contractor shall not be compensated for attending the first meeting or for any cancelled Class. Contractor shall not be obligated to provide any additional services in regards to the cancelled Class. If the minimum number of participants is met or exceeded, the Class shall be held as scheduled (even if any of the initial participants subsequently drop the Class), subject to Section 14 of this Agreement. If the demand is such that an additional Class could be offered, it shall be taken under consideration and negotiated between City and Contractor. If class(es) are MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 3 cancelled for two (2) consecutive quarters due to lack of enrollment, the class will not be scheduled again until City determines that public demand has increased. 4.7 Use of Non -City Facilities for Classes. If Contractor desires to conduct the Class at his /her place of business, or some other non City -owned site or facility, Contractor must: 4.7.1 Notify City at least twenty -four (24) hours in advance; 4.7.2 Provide sufficient parking for all participants; 4.7.3 Post signs at the site to direct participants to the location of class; 4.7.4 Allow access to City staff to the location when requested. 4.8 Absences. Contractor shall obtain permission from City one (1) week prior to any planned absence from the class. In the event of illness, Contractor is required to notify City and Participants twelve (12) hours prior to any class cancellation. 4.8.1 City urges Contractor to get a substitute, whenever possible, instead of cancelling Classes. Contractor shall obtain City's prior written approval of any substitute Contractor. Any substitute contractor, representative or employee must have completed a criminal background check pursuant to Section 8 prior to teaching any City Programs or Classes. 4.8.2 When cancelling a Class, Contractor shall contact all participants as soon as possible. 4.9 Contact Information. Contractor is required to notify City in writing of any name, address, telephone number, email, website or direct deposit payment changes within 48 hours of such change. 4.10 Contractor Informational Meeting. Contractor or Contractor's authorized representative or employee shall attend the Annual Contractor Informational Meeting that will be held in fall 2012. 4.11 Camp Participant Emergency Waiver Form Requirements. All Contractors who offer camps shall require all participants to complete and return to Contractor, or his /her designee on or before the first day of camp a City issued "Emergency Contact Information Form ". 4.12 Sign -Out Sheets. All Camp Contractors with participants ages 10 years and younger, must have a legal guardian sign out each Class participant after each Class. Sign out sheets along with Attendance sheets are available to the Contractor online through their instructor login. 4.13 Other Requirements. Contractors shall: MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 4 4.13.1 Cooperate fully with all reasonable requests from City staff. 4.13.2 Maintain the highest degree of participant safety possible. 4.13.3 Immediately report to the Recreation & Senior Services Office any injuries as a result of Class participation. 4.13.4 Injuries or Damages. Immediately report to the Recreation and Senior Services Office any injuries as a result of Class participation, damages to the classroom or Program facility that could cause potential injury to a Class participant, and /or other needed maintenance repairs. Contact the Recreation and Senior Services Office staff by phone or email. 4.13.5 Clear all participants from the designated Class area at the end of Class time unless participants continue to use public City facilities for personal use without conflict with other scheduled activities and in accordance with posted hours and availability limitations. 4.13.6 Ensure that any music or sound system is kept at levels that will not interfere with other classes or create a public disturbance /nuisance. 4.13.7 Close and secure the room or building at the end of each Class. 4.13.8 Turn off any lights, heat, air conditioning, or other utilities when Class is finished. 4.13.9 Complete and return the quarterly "Contract Class Schedule" requested by the City if Contractor wishes to be a part of the marketing materials. 4.13.10Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. 4.13.11 Pay a $20 lost key /replacement fee when Contractor requests replacement key. 4.13.12Abide by all City policies and procedures including, but not limited to, the requirements set forth in the Newport Navigator and OASIS News and the Contractor Handbook which is incorporated herein by this reference. Contractor's signature on this Agreement signifies acknowledgement of receipt of the Contractor Handbook. 4.14 Contractor Photo ID Badge. Contractors and their employees /representatives are required to wear a City provided Contractor Photo ID Badge at all times while engaging in services for the City. Contractor shall be required to pay five dollars and no /100 ($5.00) for any lost/replacement Contractor Photo ID Badge. Contractor Photo ID Badges are distributed upon renewal of Agreement with City. MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 5 4.15 Contractor shall be required adhere to Exhibit A — Back Bay Science Center Rules (includes Attachment 1 - Dock Guidelines and Attachment 2 — Event Center Request Rules). 5. NOTICES 5.1 Unless otherwise indicated, all notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Michelle Claud- Clemente Recreation & Senior Services Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Phone: (949) 644 -3036 E -mail: mclemente @newportbeachca.gov 5.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at the contact information provided on page 12 of this Agreement. 6. INDEPENDENT CONTRACTOR The parties intend and agree that at all times during the performance of services under this Agreement; Contractor shall act as an Independent Contractor and shall not be considered an agent or employee of City. As such, Contractor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his /her own workers compensation and unemployment insurance and that of his /her employees or representative. Contractor also agrees to provide liability insurance as required by City and described more fully below. City shall not be liable for any payment or compensation in any form to 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 1090 or other applicable IRS forms at the end of the calendar year for all fees paid to Contractor. 7. INSURANCE 7.1 General Liability Insurance. Contractor must provide and maintain at all times general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. The policy shall carry a general liability special endorsement naming the City of Newport Beach, its elected or appointed officers, employees, agents and volunteers as additional MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 6 named insured in the amount of one million dollars ($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to the Recreation & Senior Services Department and must be approved by the City Risk Management or their designee prior to the first Class /day of instruction. 7.1.1 Contractor shall have the option of purchasing coverage through the City of Newport Beach's Special Event insurance program, or through Southern California Municipal Athletic Federation ( "SCMAF ") or providing his /her own coverage. If a Contractor elects to obtain his /her own coverage, said coverage must have the policy limits described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A- (or higher) and Financial Size Category Class of VII (or larger). 7.1.2 Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects to City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses or liability arising directly or indirectly from the Contractor's operations or Service provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 7.1.3 Said policy must also provide a written thirty (30) day notice of cancellation (ten (10) day written notice for non - payment of premium) to the City of Newport Beach Recreation & Senior Services Department, at the following address: P.O. Box 1768/ 3300 Newport Boulevard, Newport Beach, CA 92658. 7.2 Workers' Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self- insurance before commencing any work. Contractor shall carry the insurance or provide for self - insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. 7.2.1 The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance a copy of such waiver of subrogation endorsement. 7.2.2 In the event Contractor has no employees requiring Contractor to provide Workers' Compensation insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. 7.3 Automobile Liability Coverage. Contractor shall maintain automobile insurance 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 owned, hired, non -owned or rented vehicles, in an amount MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 7 not less than one million dollars ($1,000,000) combined single limit for each occurrence, or as approved by the City's Risk Manager or his /her designee. 7. Please initial the statement that applies: Contractor is providing a copy of the General Liability Insurance with Additional Insured Endorsement that meets the above requirements. ❑ Contractor shall be utilizing the City provided insurance through. Southern California Municipal Athletic Federation ( "SCMAF ") and will pay all required fees billed on a quarterly basis by the City. I have reviewed the Contract Contractor Handbook for complete information. Please note that SCMAF does not provide coverage for Workets Compensation or Automobile Insurance Liability. 8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK 8.1 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 no /100 ($73) per person to the City of Newport Beach, Recreation and 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. 8.2 In addition, 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, Contractor agrees to the provisions of this Section. 9. TRANSPORTING OF MINOR PARTICIPANTS 9.1 Unless the Program specifically involves travel or transportation of minors to an offsite location, Contractor, or Contractor's employees, agents or representatives, shall not transport any minor participant by vehicle or otherwise. 9.2 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 participant'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, 8am to 5pm.), or the Park Patrol Division at 949 - 795 -2381 (Monday through Friday, 5 to 9pm, and Saturday MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 8 and Sunday, 9am to 5pm.) During all other hours, Contractor shall contact the Watch Commander at the Newport Beach Police Department for assistance at 949 - 644 -3730. 10. 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 those authorized by City. All Class rosters, Class participant addresses and contact information, shall be used by the Contractor solely for administration of Classes and performing City business. Contractor will 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. 11.USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND PUBLICITY Contractor shall not include City's name, 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. 12. BUSINESS LICENSE Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City must obtain a business license prior to conducting business in the City, and pay the required business license fee. This ordinance applies to businesses operating at commercial or residential locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail. The City Business License Fee is an annual tax, 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 in Newport Beach City Hall. In certain circumstances, Contractor may be eligible for paying 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 your Business License must be submitted with this Contract. All Contractors must have a valid business license. 13. INDEMNIFICATION 13.1 General. Contractor shall indemnify, defend and hold harmless City, its elected and appointed officers, employees, agents, representatives, the City Council, boards and commissions ( "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, his or her employees, representatives, officers and agents in the course of performing services under this Agreement; however, Contractor shall not be required to MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 9 indemnify City from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties. 13.2 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 legally protected rights of any third parties, with respect to works performed, logos 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. 14.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. 15. CLAIMS The Contractor and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Tort Claims Act (Government Code sections 900 et seq.). 16. STANDARD PROVISIONS 16.1 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. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the City. 16.2 Waiver. 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. MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 10 16.3 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 agreement or implied covenant shall be held to vary the provisions herein. 16.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 16.5 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. 16.6 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. 16.7 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. 16.8 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. 16.9' No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 16.10 Counterparts. This Agreement 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 and the same instrument. MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE /OF THE CITY ATTORNEY Date:? By:i Aar . Harp City Attorney ATTEST: Date: 5 CONTRACTOR: MOUNTAIN AND CITY OF NEWPORT BEACH, A California municipal corporation Date:S • ? - 1 Z By: C4.—r 11 -Aura Detwe r, Director t0 creation & S76nior Services ADVENTURES #A4!4 ' 29 /z AyA71or) eick(c?_ ?Kcs Qltj Signature Date Print Name Print Title 9 3 /2 �rt�ir�3 Sig re ate Print Name Print Title Exhibit: A — Back Bay Science Center Rules (Attachment 1 - Dock Guidelines Attachment 2 — Event Center Request Rules) MOUNTAIN AND SEA EDUCATIONAL ADVENTURES, INC. Page 12 EXHIBIT A BACK BAY SCIENCE CENTER RULES o The lead MSA staff counselor, and ALL the MSA counselors to be involved with facilitating seasonal camp programs at the BBSC, are required to schedule and complete a 1 -hour training held by DFG staff, at least one week prior to the start of the first day of camp. It is mandatory that the MSA Education Program Director check -in with the DFG Education Program Coordinator at least once a week (during the duration of the camp) whether in person, by phone or email. o All MSA staff involved with camp programs at the BBSC, must read and familiarize themselves with the BBSC Doak Guidelines (SEE ATTACHMENT 1). These guidelines are to be followed and enforced by VISA at ALL times when using the dock and dock ramp at the BBSC facility, as well as with any water vessel. MSA staff are responsible for the safety and whereabouts of camp participants while facilitating programs at the BBSC and UNBER. MSA staff are required to have CPR and first -aid training to facilitate any water, activities at the BBSC and UNBER. o It is the responsibility of all MSA staff conducting programs at the BBSC & UNBER to read, understand, and enforce the DFG Ecological Reserve Rules & Regulations (SEE ATTACHMENT 2) while facilitating programs at the BBSC and UNBER. a All keys, equipment, and /or materials borrowed from the BBSC should be returned to their appropriate storage _location at the end of each work day in clean and working order. If anything gets damaged or lost, it should be reported to the DFG Education Program Coordinator within 24 hours in person, by phone, or email. The DFG Education Program Coordinator will decide if repairs or replacement are necessary, at the expense of NSA.. © MSA staff is responsible for keeping the BBSC clean, which includes: emptying trash indoors and /or outdoors when full (being sure to sort out recyclables), sweeping floors if sand or mud is brought indoors, organizing /storing teaching materials in one location, placing tables /chairs in the original classroom configuration, checking the restrooms regularly to clean up any messes and to be sure the kids are being respectful of the property, putting all items back in their original location (keys, binoculars, microscopes, mud grabs, etc.) and picking up any and all program materials or reminisces. Be sure no trash is left on the ground or in the buildings. e The touch tanks maybe used for teaching, but it is required to coordinate a daily use schedule with the DFG Education Program Coordinator at least one day in advance of programs. MSA staff is responsible for removing and replacing lids to the outdoor tanks. MSA staff is responsible for supervising the kids while at the touch tank area outside. One MSA staff person is required to supervise every 10 kids. The "two finger rule" must be followed at all times so we don't harm or stress animals, whereby the kids can gently stroke the animals with 2 fingers but may not poke them or pick them up. It is mandatory for the kids to wash their hands with soap and freshwater in the sink (inside or outside the lab) prior to visiting the touch tanks. Be sure to report any unusual animal behavior or water quality issues to DFG staff immediately. o The MSA lead staff counselor will be assigned a key to the BBSC Teaching Lab during the duration of the camp. It is the responsibility of the lead MSA staff person to lock all doors to the Teaching Lab at the end of the day and whenever all MSA staff /campers leave the BBSC (e.g.- Newport Dunes, Newport Aquatic Center, or to go on the water). If this key is lost or stolen, it is to be reported to the DFG Education Program Coordinator within 24 hours. o It is the responsibility of MSA staff to manually open and close the front entry gate (instructions will be given in training) when taking the camp kids on and off the BBSC property. The gate can also be manually opened during the pick -up and drop -off times, which should be coordinated and approved by the DFG Education Program Coordinator at the mandatory training. Other than these exceptions, the gate is to remain closed. It is the responsibility of MSA staff to meet and greet the parents during drop off and pick up times. The gate code is only to be shared with MSA staff, and not given out to anyone else unless permission is granted from the DFG Education Program Coordinator. Attachment 1— Dock Guidelines Attachment 2 — Event Center Request Rules Attachment 1 a CA Department of Fish & Came (DFG) ]hack Bay Science Center (BBSC) ) Dock Guidelines o At least one DFG employee must be onsite at the BBSC for any non- operational partner groups to use the dock. This includes any groups other than: UCI, City of Newport Beach, Orange County Health Care Agency, and DFG. o A maxim um of 45 people are allowed on the dock at any one time. This is for safety reasons, so it is important it is enforced by the lead person from the partner group. The DFG employee will be present to supervise. o All children 12 years and younger are required to wear a life vest when on the dock, including the dock ramp/walkway, no exceptions! It is also required when leaving or arriving to our facility by water, in any type of vessel, kids ages 12 & under must be wearing a life vest at all times. G) During fishing events /activities, anyone 16 years and older is required to have, in their possession, their own California fishing license whenever fishing off the BBSC dock Anglers are also required to adhere to all current DFG minimum size limits, bag limits and seasonal regulations while fishing from the dock. These laws are enforced by DFG wardens, so be aware that you or someone in your party could be fined if this requirement is not met. a When fishing, no casting is allowed off the dock for the safety of the birds. Please only allow participants to drop their line into the water. Attachment 2 State of California —The Natural Resources Agency EDMUND G. BROWN JR Gc DEPARTMENT OF FISH AND GAME JOHN WCAMNAN, Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467 -4201 :wwi.dfg.ca.gov Subject: Event Request for the Back Bay Science Center at the Upper Newport Bay Ecological Reserve, Department of Fish and Game Property in South Coast Region Dear Applicant Ecological Reserves are established to provide protection for rare, threatened or endangered native plants, wildlife, aquatic organism and specialized terrestrial or aquatic habitat types. Public entry and use of ecological reserves shall be compatible with the primary purposes of such reserves, and subject to the following applicable general rules and regulations, except as otherwise provided for in the special area regulations: (a) General Rules and Regulations (Title 14, §630): (1) Protection of Resources. No person shall mine or disturb geological formations or archeological artifacts or take or disturb any bird or nest, or eggs thereof, or any plant, mammal, fish, mollusk, crustacean, amphibian, reptile, or any other form of plant or animal life in an ecological reserve except as provided in subsections 630(a)(2) and (a)(8). The department may implement enhancement and protective measures to assure proper utilization and maintenance of ecological reserves. (2) Fishing. Fishing shall be allowed in accordance with the general fishing regulations of the commission except that the method of taking fish shall be limited to angling from shore. No person shall take fish for commercial purposes in any ecological reserve except by permit from the commission. (3) Collecting. No collecting shall be done in an ecological reserve except by permit issued pursuant to section 650 of these regulations. Any person applying for a permit must have a valid scientific collecting permit issued pursuant to part 3 of this title. (4) Motor Vehicles. No person shall drive, operate, leave, or stop any motor vehicle, bicycle, tractor, or other type of vehicle in an ecological reserve except on designated access roads and parking areas. (5) Swimming. No person shall swim, wade, dive, or use any diving equipment within an ecological reserve except as authorized under the terms of a permit issued pursuant to subsection (3). (6) Boating. No person shall launch or operate a boat or other floating device within an ecological reserve except by permit from the commission. (7) Trails. The department may designate areas within an ecological reserve where added protection of plant or animal life is desirable, and may establish equestrian or Conserving California's Wifd ife Since 1870 Applicant Page 2 of 3 walking trails or paths within such designated areas. No person shall walk or ride horseback in such areas except upon the established trails or paths. (8) Firearms. No person shall fire or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within or into an ecological reserve or possess such weapons within an ecological reserve, except law enforcement personnel and as provided for in individual area regulations that allow for hunting. (9) Ejection. Employees of the department may eject any person from an ecological reserve for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the ecological reserve or persons thereon is endangered. (10) Public Entry. Public entry may be restricted on any area at the discretion of the department to protect the wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, may enter any ecological reserve, or portion thereof, which is closed to public entry. No person may enter any Ecological Reserve between sunset and sunrise except with written permission from the Department, which may be granted for purposes including night fishing in accordance with subsection (a)(2) from designated shore areas only. A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Elkhorn Slough and Upper Newport Bay ecological reserves except for users that possess a valid California sport fishing license hunting license or trapping license, or users that are under 16 years of age or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsection 550(b)(1 6)(B). Title 14, CCR, for regulations for fee requirements for wildlife areas. (11) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species on ecological reserves for management purposes. (12) Feeding of Wildlife. The feeding of wildlife is prohibited. (13) Pesticides. The use of pesticides is prohibited on any ecological reserve unless authorized by the commission with the exception that the department may use pesticides for management purposes and for public safety. (14) Litter. No person shall deposit, drop, or scatter any debris on any ecological reserve except in a receptacle or area designated for that purpose. Where no designated receptacles are provided, any refuse resulting from a person's use of an area must be removed from that area by such person. Applicant Page 3 of 3 (15) Grazing. The grazing of livestock is prohibited on any ecological reserve. (16) Falconry. Falconry is prohibited. (17) Aircraft. No person shall operate any aircraft or hovercraft within a reserve, except as authorized by a permit from the commission. (1 S) Pets. Pets, including dogs and cats, are prohibited from entering reserves unless they are retained on a leash of less than ten feet or are inside a motor vehicle, except as provided for in individual area regulations that allow for hunting or training activities. (19) Fires. No person shall light fireworks or other explosive or incendiary devices, or start or maintain any fire on or in any reserve, except for management purposes as provided in subsection (a)(1). (20) Camping. No person shall camp on /in any ecological reserve. (21) Vandalism. No person shall tamper with, damage or remove any property not his own when such property is located within an ecological reserve. (b) Areas and Special Regulations for Use: (124) Upper Newport Bay Ecological Reserve, Orange County. (A) Fishing shall be permitted from boats. Fishing is also permitted from shore in designated areas. Clamming or wading is not permitted. (B) Swimming is permitted only in that area bayward from North Star Beach to mid - channel. (C) Boating is limited to non - motorized craft, with the exception of law enforcement, emergency, and department vessels and authorized operators under permit from the regional manager. Boating shall occur in designated areas only and is limited to five miles per hour. (D) No person shall walk, or ride horseback except on established trails, paths, or other designated areas. (E) The County of Orange may carry out management activities for fish and wildlife, flood control and vector control. Authorized operation and maintenance activities shall include, but shall not be limited to, use of chemicals, vegetation control, water control and use of associated equipment.