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Home My WebLink AboutC-8666-1 - Grants Agreement (for 2 Zodiac Pro Classic Safety Boats for the Marina Park Sailing Program)42) State of California — Natural Resources Agency ,nf') DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS v GRANT AGREEMENT GRANTEE: City of Newport Beach GRANT TITLE: Aquatic Center Grant FY 2020-21 GRANT AMOUNT: $40,000.00 GRANT NUMBER: C8965309 GRANT TERM: Date fully executed through May 31, 2036. GRANT PERFORMANCE PERIOD: Date fully executed through May 31, 2022. The Grantee agrees to the terms and conditions of this grant, hereinafter referred to as Agreement, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the SCOPE OF WORK as defined in the Agreement. The General and Special Provisions attached are made a part of and incorporated into the Agreement. The grant award is funded by the Sport Fish Restoration and Boating Trust Fund, administered by California Department of Parks and Recreation, Division of Boating and Waterways. The Federal FY 21 award, 3320FAS200106 to California; $5,807,092. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Grantee: City of Newport Beach Address: 100 Civic Center Drive mon C. Harp, City Attorney Authorized Signature: Printed Name and Title ofuthonzed Representative: �y Date: V �` (�p za Agency: ATTN: Address: Authorized Signature: Printed Name and Title: Date: Newport Beach, CA 92627 Gr(Ate Y, 'L-euV1 , icy I'11c,�ta 2w� Department of Parks and Recreation Division of Boating and Waterways Amy Rigby One Capitol Mall Suite 500 gmento,, C 5814 R Kere Dill, StaffServicesManager II Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 /" A _ , Page: 1 of 84 CERTIFICATE OF FUNDING (FOR STATE USE ONLY) GRANTEE: City of Newport Beach GRANT TITLE: Aquatic Center Grant FY 2020-21 GRANT AMOUNT: $40,000.00 P.O NUMBER: 0000025902 GRANT NUMBER: C8965309 GRANT TERM: Date fully executed through May 31, 2036 GRANT PERFORMANCE PERIOD: Date fully executed through May 31, 2022. AGREEMENT NO AMENDMENT NO AMOUNT PRIOR AMOUNT TOTAL AMOUNT C8965309 ENCUMBERED BY ENCUMBERED BY ENCUMBERED TO THIS DOCUMENT THIS DOCUMENT DATE $40,000.00 $0.00 $40,000.00 FISCAL SUPPLIER IS NO. FEIN NUMBER DGS BILLING CODE 0000011771 95-6000751 1053706 CATEGORY SHIP TO FUND TITLE 93151505 37900000208 Federal Trust Fund GL UNIT APPROP.REF. FUND ENY ACCOUNT NO. 3790 101 0890 2020 5432000 PROGRAM PC BUS. UNIT PROJECT NO. ACTIVITY 2855015 3790 379065600200 68491 REPORTING STRUCTURE CHAPTER YEAR 7202CO/2LI OTHER 37900706 6 I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT THE BUDGETED FUNDS ARE AVAILABLE FOR THIS ENCUMBRANCE. CA DEPT. OF PARKS & REC. ACCOUNTING OFFICER'S SIGNATURE DATE Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 2 of 82 Exhibit A General 1. Applicant Information a. Applicant Name City of Newport Beach b. Organizational Unit C. Address 100 Civic Center Drive d. Address 2 e. City Newport Beach State CA Zip 92660 f. Federal ID Number 95-6000751 Reference No. g. Agency Type f: City Nonprofit Organization - 501(c)(3) status only r^ Other Public Agency CSU System r Private College r" County r District f Community College r UC System The maximum grant award is $40,000 per grantee for a combination of equipment, scholarship, and instructor training requests. Supplemental funding of up to $2,000 is available Safe Boating Events. 2. Project Information a. Project Name Aquatic Center Grant FY 2020-21 b. Is implementing agency same as Applicant f: Yes No C. Implementing Agency Name d. Project Start Date Jan -01-2021 End Date May -31-2022 e. Amount of Funds Requested $40,000.00 Project Cost $40,000.00 Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 3 of 84 3. Contacts a. Program Director Name Title Mailing Address City Telephone E-mail Address Exhibit A Gale Pinckney Recreation Supervisor 1600 West Balboa Boulevard Newport Beach State CA Zip (949) 270-8160 - n/a Fax gpinckney@newportbeach.ca.gov 92663-n/a Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 4 of 84 Exhibit A 4. Applicant Additional Information a. Organization's official name to appear on the (Check all that apply) Grant Agreement: (if different from Applicant Paddle/Oar Name) r Canoeing b. Payment Address (if different from Applicant Address) Stand Up Paddleboard Is the payment address same as the Applicant address? (If NO, enter the payment Yes r No address below) I1 Sailing Payment Address: Power Payment Address L2 r Power boating City: State: Zip: Other C. Aquatic Center Address (if different from Applicant Address) r- Other Is the aquatic center address same as the Applicant address? (If NO, enter the r Yes (: No aquatic center address below) Aquatic Center 1600 W. Balboa Blvd Address: Aquatic Center Address 1-2: City: Newport Beach State: California Zip: 92663 d. Download the Appendix A - Authorized representative Statement form. Complete 26697_0_957_DBAW and have it signed by the organization authorized representative and upload the x i t _ igne .p completed form. 5. Proposal Information a. Type of Proposal (select one or more) r Equipment r Scholarship F- Instructor Training r Boating Safety Events 6. Aquatic Center Activity Type(s) of Boating offered by Applicant (Check all that apply) List all types of boating regardless of whether you are requesting funding for that activity or not. Paddle/Oar r Canoeing r Kayaking Rafting Stand Up Paddleboard Rowing Wind I1 Sailing r Windsurfing r Kiteboarding Power r Power boating 1` Towed Sports Personal Watercraft Other r- Other 7. Geographic Political District 7a. Waterbody(s) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 5 of 84 Exhibit A Specific Bodies of Water You Operate On Newport Harbor, Ocean off Newport Beach Type of Waterbody(s) Utilized in Programming (check all that apply) North r Coastal Ocean r Coastal Bay r Lake r River South r Coastal Ocean r Coastal Bay r Lake r River 7b. Counties Select one or more of the California counties where the proposed boating safety education activities will occur. r Orange 7c. State Assembly Districts Select one or more of the California State Assembly districts where the proposed boating safety education activities will occur. Copy and paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.htmi) in your browser to determine the State Assembly district(s). r State Assembly 74 7d. State Senate Districts Select one or more of the California State Senate districts where the proposed boating safety education activities will occur. Copy and paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.htm1) in your browser to determine the State Senate district(s). W State Senate 37 7e. Congressional Districts Select one or more of the California Congressional districts where the proposed boating safety education activities will occur. Copy and paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s). TI— Congressional District 48 Contract 4 C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 6 of 84 Exhibit A Exhibit A - Section I The Division of Boating & Waterways (DBW) receives funding from the Federal Sport Fish Restoration and Boating Trust Fund to increase boating safety education efforts. One way in which DBW enhances education is through grants for on -the -water boating safety education distributed by the Aquatic Grants Program. The mission of the Aquatic Grants Program is to promote boating safety by providing grant funding to organizations that offer on -the -water training to members of the general public to enhance boaters' knowledge of boating laws, practical handling of vessels on the water, weather and water conditions, rules of the road and equipment requirements. Programs that most closely meet the purpose and objectives of this mission statement will be given higher priority for funding. This section describes the minimum qualifications to qualify for DBW aquatic center grant funding. No points are associated with this section. Eligible applicants must be able to comply with the requirements listed in Questions 1-8. Answers to Question 9 will be evaluated to determine applicant eligibility. 1, My agency is a local public agency, nonprofit organization, college or university that f: Yes r- No qualifies for aquatic grant funding as specified in Section 668.2 of the Harbors and Navigation Code. (See section 658.2 in the 'Show Documents' area). 2. The boating safety courses offered by my agency consist of on -the -water training. (. Yes r` No List the locations of the on -the- Newport Harbor, Newport Beach; Ocean off Newport Beach water training 3. As a subcontractor for this federal grant award, your agency must be registered in the Federal System of Award Management (https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf) Your agency's registration must be current in that system at the time you submit your application. Attach a screenshot showing your registration is active. (A sample screenshot is 26773_0_890_SAM City available in the 'Show Documents' area) 4, 1 have read all attached grant agreement provisions (Exhibits B, C, D, and E or AB 20 - see exhibits in 'Show Documents') and the insurance requirements that will apply to the grant should I receive funding. A. My organization is able to comply with all of these terms and conditions. f:" Yes r- No B. I have provided a copy of my organization's non-discrimination policy. Yes r, No (Please upload a copy of your organization's non-discrimination policy) 26777_0_754_DBAW City non escnmina ton policy.PNG C. The insurance requirements are attached in Exhibit B located in the Show f: Yes r— No Documents area of this OLGA application. I have read these requirements and affirm that my organization has all of the required insurance for the programs, people, and equipment identified in this proposal. D. I understand that in order to be reimbursed for scholarship funding, I will f: Yes r_ No forward a course roster that includes the name and date of the course, and names of participants and participant signatures affirming that they attended the course. A Group Leader may sign a roster affirming that the members of the group attended. 5 a. I understand that all funds are distributed through reimbursement only. Yes r No 5 b. Do you have a contingency fund that would allow you to cover unforeseen r. Yes No expenses or cash flow shortfalls? 5 c. If yes, how many months of operational funding do you keep in the contingency 48 fund? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 7 of 84 Exhibit A 6. The grant requires annual attendance by the grantee at a two-day meeting to share r= Yes r No ideas with other aquatic center directors and get grant updates from DBW staff. Training funds may be used to offset meeting/travel/lodging costs for one person approved by DBW staff. My organization shall comply with this attendance 7. If awarded funding, my organization shall assist DBW with its boating safety media campaign by doing the following within six weeks of receiving DBW-supplied materials: A. Request and display DBW safety message banner(s) or poster(s) at the r: Yes r No aquatic center or where classes are held. B. Request and distribute DBW safety literature at aquatic center events. Yes r No C. Request and display DBW logo, safety messages and DBW link on aquatic r. Yes r No center website. 8. If you are an applicant with non-profit status, attach a screenshot dated within 30 days of your OLGA submission date showing that you are currently in good standing with the California Attorney General's Office. (http://rct.doj.ca.gov/Verification/Web/Search.aspx?facility=Y). (A sample screenshot is available in the 'Show Documents' area). This requirement does not apply to colleges or universities, government entities, or associated student organizations attached to a university. 9. Does your organization or parent organization currently involved in any of the following: A. A loan that is in default r` Yes r. No B. Bankruptcy proceedings r Yes (: No C. Grand jury investigation r Yes r: No If you answered "Yes to any of the following, please describe the situation: 10. Provide information regarding any indirect costs that related to this grant application. All indirect costs must be listed on the Cost Estimate Worksheet of this grant. A. Does your organization have a negotiated indirect cost rate with the federal r Yes (, No government? (Agencies without a negotiated rate are subject to the de minimus of 10% of direct costs.) B. Does your organization plan to utilize indirect costs in this grant? i^ Yes r:' No C. Attach any additional documents regarding your negotiated rate or other explanations concerning indirect costs, etc. Document Name Attachment Exhibit A - Section I - Safety Standards 11. The grant -funded courses included in this funding request are led by qualified Yes r No instructors that are trained in a manner adequate for the circumstances in which they will be teaching. 12. Instructors involved in grant funded programming are qualified as follows: A. All instructors are trained and certified by recognized organizations such as r. Yes i- No US Sailing, ASA, ACA, US Waterski, etc. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 8 of 84 Exhibit A If you answered "no," please answer B. B. Each class lead instructor has been evaluated by a certified instructor who r Yes r~ No affirms in writing that they are qualified to conduct the on -the water trainings they teach. Written affirmations will be kept on file and will be available for inspection by DBW staff. C. All class instructors are certified in first aid and CPR. f`: Yes f- No Exhibit A - Section II (Program and Financial Overview) In this section, you will provide information regarding your current boating safety program. Provide the following information regarding your organization: Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 1) The organization is specifically set up to enhance boating safety as part of its main mission and has the ability to help DBW provide boating education courses. 1 _ How does your organization -or the segment of your organization that will be utilizing funding- promote boating safety as a primary activity or goal? Discuss mission statements, strategic plan goals, etc. that help demonstrate your organization's focus on boating safety education. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 9 of 84 Exhibit A The City of Newport Beach opened Marina Park and its Community Sailing and Boating Center on December 5, 2015. Marina Park is truly a cutting-edge facility, from its sleek architecture and ample play space to its broad recreational and facility offerings on both land and water. Marina Park is open to everyone, year-round, and serves as an extraordinary bay -front center for fun, family, gatherings and celebrations. Most importantly, Marina Park's Sailing and Boating program provides cost-effective, broad access to safe boating education for the public. Marina Park amenities include a 10.5 acre park, bay -side facilities for events, a nautical -themed playground, outdoor fitness circuit and basketball courts, and on-site cafe adjacent to the sailing center, catering, a picnic area and a public marina. There are also 177 Marina Park -designated parking spaces, which on the crowded Newport Peninsula allows for ease of access to Marina Park. Aside from facility rental space, Marina Park offers classes and programs in a variety of offerings for all ages. The Sailing and Boating Center is front and center at the facility, with a large interior boat bay, offices and large configuration of docks that are solely dedicated to the sailing and boating program. Because Marina Park draws close to 190,000 visitors every year, from all over the world, it is uniquely qualified to disseminate information and, because it is a bay -front facility with a highly visible boating program, the City can provide unrivaled public access to classes that promote boating safety. The potential is limitless, and the City has made a strong commitment to building its boating safety program with the purchase of a large and varied fleet of sailboats, as well as staffing a year-round City boating program director, experienced boating coordinator and boating facilities manager, who actually worked with the program prior to UCI departing, and a pool of part time employees. Marina Park draws a crowd, whether they're enjoying the park, the cafe, the beach or the marina. Sailing and Boating staff interact with potential future boaters every day, providing them with general boating safety information. Marina Park is the perfect platform to provide boating safety knowledge because of its bay -front location, beach and dock access, paddle and sailing equipment and day to day reach to a large and diverse audience. When Marina Park was built five years ago, the City developed the site with the specific goal of providing boating education and access to the public. The Sailing and Boating mission, from day one, has been to teach people how to boat safely and provide cost-effective classes and access to the harbor, whether it is through the variety of boating education courses the City offers, paddling, or its sailboat rental program. The City of Newport Beach has been providing boating safety programs for many years. It first contracted with the Universtiy of California, Irvine, in 2009 to run its boating programs, well before Marina Park existed, running its programs on the beach without a stand-alone facility. Upon the completion of Marina Park, the City kept on UCI as the sailing vendor, with UCI actually staffing the facility and managing the administration of the entire boating program. That has now changed. The City has taken over the administration of the boating program, and will hire a contracted vendor to provide solely the instruction for the City's sailing classes, as well as the proctoring of the ratings tests for the City's Sail Pass (sailboat rental program.) All classes will be conducted out of Marina Park. The City just made another large commitment to its boating safety program by purchasing the six J22s from UCI, so that there would be continuity with the City program and its boating safety classes would remain familiar to our customers. The remainder of the sailboat fleet and equipment is all owned and maintained by the City. In addition to the six J22s, the City's fleet consists of 12 RS Quests, 2 RS Ventures, 20 Schock sabots, 3 Lido 14s, as well as 35 SUPs and 24 kayaks - all of which are used for the City's sailing and boating classes. The City will continue to offer beginner, intermediate and advanced sailing classes to people of all ages, in both dinghies and keelboats - seven days a week, year-round. The City will also offer after school sailing and youth Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 10 of 84 Exhibit A camps designed specifically to teach safety to our future boaters. One of the City's most popular classes is the "Parent and Me" in which parents can accompany their children and learn together. The City summer youth camps have always been packed and have taught countless youth, through the years, how to be safe boaters. Sometime this fall, a new contract instructor will take over the instruction of the City sailing classes. Instructors will conduct all classes out of the Marina Park facility and use, exclusively, the City's fleet of sailboats, as well as coach boats. City staff will oversee all registrations, curriculum and scheduling of classes, as well as play a major role in the promotion of classes, in person, print and online. The major change from when UCI was serving as the vendor is that, at the time, UCI staff moved into Marina Park and conducted all operations for the City. Now, it's City staff that's running all operations, including but not limited to running the boat bay, overseeing boating class scheduling and course curriculum, creating promotions, operating the office, maintaining the fleet, interacting with the public, as well as creating and executing all the policies and procedures. The City has now also taken over the administration and operation of all the paddle rentals and sailboat rentals (Sail Pass). With both of these rental entities, the City perceives this as another opportunity to provide a boating safety message to its customers. Rather than provide a renter with a board and paddle and shove them off the beach, our experienced and trained City staff take the time to provide a comprehensive orientation on proper stance, holding of the paddle, boating rules and safety tips. In particular, our staff carefully explains wind direction, how to read the wind with flags and ripples, and why the wind is a key factor in paddling, along with tides and current. Staff encourages each of our paddlers to begin their journey paddling upwind, so that they recognize the difference when they are met with a headwind. Although California law states that a PFD only needs to be on board, the City rule is that all our paddlers must wear a properly -fitting, City -provided, US Coast Guard approved lifejacket. Staff takes the time to fit each paddler, explaining why a loose PFD serves no purpose. Staff ensures that each jacket is snugly fitted and that the paddler understands why they're wearing one. Staff also reveiws rules of the road and emergency procedures. Paddlers are taught how to climb back onboard, should they fall off. They are taught how to stay with their craft in an ermergency, and how to hail other boaters by waving a paddle or using the provided whistle. They are also encouraged to be aware of all other boaters on the water, to anticipate developing situations and to stay to the sides of the channel, keeping clear of traffic. The City allows no "walk-in" sailboat renters, but instead has an internal on -water and written ratings test system, which will be administered by the contracted vendor. Only upon successfully passing this ratings test is a sailor allowed to rent a City sailboat. The sailor may choose between a dinghy or a keelboat ratings test, but must rate in each if they choose to rent in both types of boat. Many of our renters are students who have learned to sail in the City program, and now the Sail Pass allows them access to the bay with their family and friends. The City's boating program falls under the Recreation and Senior Services (RSS) Department of the City. Its mission statement is "to enhance the quality of life by providing diverse opportunities in safe and well maintained facilities, open spaces and parks. We pledge to respond to community needs by creating quality educational, environmental, recreational, cultural and social programs for people of all ages." Under the RSS umbrella, all of the City's boating programs are geared toward creating safe and knowledgeable boaters and paddlers.The City's mission and goals for its safe boating program at Marina Park dovetails with the Coast Guard's goals and strategies listed below "to ensure the public has a safe, secure, and enjoyable recreational boating experience by implementing programs that minimize the loss of life, personal injury, and property damage while cooperating with environmental and national security efforts." Mission and Strategic Plan of the National Recreational Boating Safety Program: Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 11 of 84 Exhibit A The mission of the National Recreational Boating Safety (RBS) Program is "to ensure the public has a safe, secure, and enjoyable recreational boating experience by implementing programs that minimize the loss of life, personal injury, and property damage while cooperating with environmental and national security efforts." The Coast Guard has released the Strategic Plan of the National Recreational Boating Safety Program for 2017-2021 to address the following initiatives: 1) Improve and expand recreational boating education, training, and outreach; 2) Update, leverage, and enforce policies, regulations, and standards; and 3) Improve upon and expand recreational boating data collection and research. Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 2) 2.a. How would a partnership with your specific organization help DBW enhance boating safety efforts? Include in your answer all facets that make your program a good partner such as but not limited to expertise in a particular type of boating, types of classes offered, safety record, etc. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 12 of 84 Exhibit A With just over three million residents in Orange County, this is the third most populous county in California and the sixth most populous in the United States. Newport Harbor is the largest recreational boat harbor on the US west coast, and a popular destination for all boating activities, including sailing, fishing, rowing, kayaking and paddleboarding. There is significant need for boating safety education here in the harbor. The City of Newport Beach has been offering sailing classes, contracting with the University of California, Irvine since 2009. That's more than a decade that the City has provided boating safety knowledge to thousands of people of all ages. There has never been a safety incident (knock on wood) in any of the sailing classes or rentals. Safety is the City's number one priority in all of its classes and rentals, with fun closely ranked behind safety. The City requires every sailor and every paddler to wear a lifejacket while on the water, so the US Coast Guard PFD message is regularly repeated to all City boating customers. The sheer number of visitors to Marina Park every year makes this venue an ideal platform for disseminating boating safety information. Many visitors walking by are drawn in, seeing our fleet of boats and paddle equipment, curious about our programs and what we provide. This gives us an excellent opportunity to reach people who would not normally be interested in boating - thinking there wasn't a route for them to get involved. This segment of the population might only find themselves on a boat once or twice, with zero knowledge of how to boat safely, leaving them vulnerable on the water. We are able to pique an interest and provide classes for beginners which, in turn, develop safe boaters out of this previously "non -boating" demographic. For the demographic that is actually already interested in boating, we are an enticing option because not only do we provide the classes from beginning through advanced in both dinghies and keelboats, but the City then has the Sail Pass program, which provides access so a City -educated sailor may continue their journey with family and friends. In order to participate in the City Sail Pass program, the sailor must take an internal on - water and written ratings test in either a dinghy, keelboat or both separately in order to be able to take out those boats. Once on board, the contracted instructor will administer this three-hour on -water and written test, which is designed to determine if the sailor is a safe and qualified boater, as well as to provide familiarlization on our particular sailboats. The ratings test is also available to experienced sailors, who have not taken City classes. The City provides a wide variety of sailing classes that appeal to all ages and levels of ability. Some classes are structured with the instructor onboard to provide an additional comfort level for the uncertain beginner. Classes are designed to try accomodate people's busy lives, so there's always a class available, whether it's a four-day, two-day, week-long or solely a few hours of sailing. Private lessons are also available, and are one of the City's most popular options. The sailboat fleet that the City owns is diversified from one-person dinghies that appeal to our youth to bigger keelboats that provide more comfort for our older demographic. Instructors are always active sailors with years of coaching and sailing experience, as well as certified by US Sailing. The City staff hired to run Marina Park Sailing and Boating are all experienced boaters and were actually involved when UCI ran the City's boating program. In terms of safety at the facility, Marina Park has always had two safety boats on the docks, prepared with floating tow line, a small step ladder, spare lifejackets, as well as a prop guard. The safety boats have always been on the water during any classes and camps, for more than just instructional purposes. They have been used as a safety platform, close to the on -water activity and ready to respond, if ever needed. In fact, the safety boat has responded on two separate occasions (not related to our boating program), when swimmers off the public bay beach were in need of rescuing. Our instructors responded, even before the beach lifeguard, and pulled struggling swimmers to safety. All of the instructors who work at Marina Park have always been CPR/First Aid certified. In addition, all of the instructors who have been hired to teach boating safety for the City have always carried a US Sailing Instructor Level 1 certification. The docks at Marina Park all have safety ladders at different locations on the docks, as well as liferings, ready to be tossed to anyone in the water. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 13 of 84 Exhibit A Unfortunately, when UCI departed, they took the two RIB coach boats, upon which the City depended to run its classes. Because the City is running a busy boating safety program, it is integral that there are chase/coach boats docked at this facility. When the sailing vendor comes on board, their instructors will depend upon Marina Park coach boats to instruct all the City classes, as they do not have access to coach boats of their own for the City classes. Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 3) 2,b. How long has your organization been offering boating safety courses with experienced instructors? Please answer for each course you offer. In the chart below, enter all the boating safety courses you offer that meet the following criteria: For purposes of this grant application, a boating safety course is defined as a course that includes the following elements: • At least 50% of the curriculum is based upon elements listed in the boating safety education area of the course curriculum check sheets of this grant application for the following boating activities: sailing, windsurfing, kayak, canoe, powerboats, rafting, SUP, rowing i Course goals emphasize non-competitive learning • Has an established curriculum or lesson plan • Participants wear life jackets Boating Course # of Years Offered Tvpe of Staff Certifications? Introduction to Sailing - Dinghy 11.00 US Sailing Instructor Level I Be inner Sailing - Dinghy 11.00 US Sailing Instructor Level I Intermediate Sailing - Dinghy 11.00 US Sailing Instructor Level I Introduction to Sailing - Keelboat 11.00 US Sailing Instructor Level I .Beginner Sailing - Keelboat 11.00 US Sailing Instructor Level I Keelboat 1 11.00 US Sailing Instructor Level I Keelboat 2 11.00 US Sailing Instructor Level I Parent & Me Sailing 11.00 US Sailing Instructor Level I Sailing Camp 11.00 US Sailing Instructor Level I TOTAL 99.00 Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 4) Organization demonstrates targeted approach to identified boating safety education needs and utilizes curriculum that addresses those needs 3.a. List up to three significant boating safety problems that you have identified in your area? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date02/01/2021 Page: 14 of 84 Exhibit A 1.) Overcrowding - Competing uses of our bay between a variety of different types of boater are a key concern. With close to 9,000 boats docked and moored in Newport Harbor, our bay where we conduct all our classes is overcrowded, particularly in the summer and, interestingly, even more so during the pandemic. On any given day throughout the year, there are multiple, competing uses, including rentals, day boaters, competitive sailors training and racing, charter boats, ferries, rowers, fisherman in floats, an anchorage, moorings, gondolas, small party charter boats (hot tubs, pedaling bars) - to name a few. Couple the crowding with the fact that most of the boaters are inexperienced and in many cases inept. Even the bigger powerboaters are obviously not educated. They simply liked a boat, so they bought it, without taking any instructional classes. Fenders out, we see them putting out huge wake, which damages all the boats on docks. When faced with a crowded situation or sailboats on the water, instead of slowing down and standing by, these operators gun their boats at high speed, putting out ocean -sized wake and creating an exceptional safety hazard. The rental operations around the harbor rent out electric motor Duffy's, as well as a slew of paddleboards, kayaks and fishing skiffs. No experience is required and, often, this is the first time these renters have ventured out onto Newport Harbor - or even onto the water. We speak from personal experience that our instructors have rescued more rental paddleboards (from other operations) than we can remember. Renters are shoved off the beach by the other concession stands with no instruction, holding the paddles incorrectly, paddling down the middle of the channel obvlious to any other traffic, and incapable of paddling upwind at the end of the day because no one instructed them on wind and current. Finally, there are enormous charter boats that cruise with parties and weddings onboard through the federal channel. Although they are professionally captained and travel at slow speeds, they are slow and difficult to maneuver, posing an added danger to the undeducated boaters on the water, who cut right in front of them. In all, our bay, which draws so many visitors, has a distinct need for the boater safety education that we provide. Despite not teaching powerboat education, the City produces knowledgeable sailors, who then are competent enough to pass along their skills on their pleasure outings with friends and families. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 15 of 84 Exhibit A Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 5) 3.b. For each safety problem identified in 3.a, how did you determine that the identified problems were significant? In addition to your discussion, provide all supporting documentation such as boating accident statistics, trend analysis, and attach any news clippings or short articles that support your discussion. You may cite and summarize studies or reports in your discussion, but do not attach them. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 16 of 84 Exhibit A This photo depicting rental and personally -owned Duffy electric boat use shows this congested situation at its worst, but on a busy day that photo would include SUPs, big and little boats as well as sailboats, (maybe slightly fewer Duffy's), competing for water space. This picture is worth a thousand words when it comes to how we determine that there's a problem with overcrowding. It really only takes an outing on the water on a sunny day to experience the overcrowding issue first hand. Newport Harbor is one of the largest recreational harbors in the United States. Because of our local weather, boating activity takes place year-round in our harbor and, most sunny days, thousands of recreational boaters use our harbor. Surprisingly, despite the overcrowding, there are few injuries reported and deaths. The following article is on a boating accident at the entrance to Newport Harbor, due to speed: https://Iosangeles.cbslocal.com/2013/07/15/4-hurt-in-newport-harbor-boat-collision/ There is a 5mph speed limit for vessels cruising in Newport Harbor, which obviously factors into keeping bay boaters safe. But the sheer number of unqualified boaters on a busy day creates an unsafe dynamic. Newport Harbor truly is the jewel of the City of Newport Beach. The City has a Harbor Commission, whose seven members are appointed by the City Council for their expertise in in water quality, boating, land use, recreation and marine safety. The purpose of the Harbor Commission is to provide the City of Newport Beach with an advisory body representing these diverse uses of Newport Harbor and its waterfront. Also, the Commission is tasked with providing the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels and watercraft within Newport Harbor. As we speak, Newport Beach Measure Z, a harbor commission charter amendment measure, is on the ballot as a referral in Newport Beach on November 3, 2020. A "yes" vote supports amending the city charter to establish the Harbor Commission as a designated appointive board and commission. The Commission brings representatives of all boating interests together so that they are consistently working Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 17 of 84 Exhibit A toward sharing our waterway and implementing best practices. Please upload any newspaper clippings or short articles, if applicable Title Attachment Objective 1 - Qualified Candidate with Targeted Boating Safety Education Approach (Page 6) 3.c. How does the material covered in the course curriculums that you offer directly address these identified problems? Provide specific examples of material in your curriculum(s) that directly relate to the issues described in 3.a. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 18 of 84 Exhibit A The US Coast Guard says the top ten contributing factors to boating accidents include the following: Operator inattention Operator lookout Operator inexperience Excessive speeding Alcohol use Machinery failure Navigation rules violation Hazardous weather conditions Hazardous water conditions Excessive force of wave or wake Because the Marina Park Sailing and Boating program has recently gone through a transition of administration, with the City of Newport Beach taking over from UCI, we do not have access to the specific curriculum that UCI used to teach its classes. However, all of the boating safety topics above, and more, have been and will be included in our class curriculum, regardless of the specific class. Moving forward, our contracted instructors will continue to be US Sailing Level I certified and the vendor's curriculum will follow US Sailing's suggested teachings, providing extensive information to our students on, but not limited to, the following topics that help our sailors navigate safely in our overcrowded harbor: Wind direction - the key concept in sailing. Is it "true wind" or "apparent wind" and how to differentiate. Knowing how to read the wind is the first critical step in keeping a sailor safe and in control. Being in absolute control of a sailboat at all times, regardless of not having an engine, helps prevent any accidents. Man Overboard Drill - Instructors practice tossing lifejackets into the water simulating overboard recovery - a good exercise for newer sailors to perfect, helping them to become more familiar with handling a boat in tight circumstances. Instruction includes alerting the crew "man overboard", immediately tossing a lifejacket to the person in the water, how to spot the person in the water and immediately bearing off to circle around and approach slowly and in control upwind. Returning to and Leaving the Dock - both critical concepts to master in an overcrowded bay Safety Position - how to slow your boat in order to stand-by to avoid a collision "Right of Way" rules - the most important of which is to avoid a collision at all costs. This requires an alert skipper who is aware of traffic and knowledgeable of the rules. Sailors are taught to maintain a proper lookout, keeping in mind that most boaters don't know the rules, so never to force their way on the water. Common sense and courtesy are essential when sailing on our bay. Safe speed, stated speed is 5 knots for powerboats. When sailing in Newport Harbor, the Inland Right of Way Rules apply. When boats are moving close, we teach our students which boat is "stand on" and which is "give way." We teach that there are rules that apply between different types of craft on the water, as well as rules that apply when there are commercial boats and large boats in confined waterways (our harbor.) Our curriculum covers how to make a course change so that another boater is clear regarding your intentions, as well as how to approach another vessel coming head-on. Overtaking boats keeping clear is also covered. As mentioned we have rowers on our bay, and our students are taught that the rowers cannot maneuver or slow down easily, and that often they cannot see well. Charter Boats - Because Newport Harbor is considered a confined waterway, our students know that they may not impede the passage of large boats, and that the large charter boats have limited abilities to maneuver at low speeds. Traffic patterns - In Newport, generally boaters should stay to the right, but our sailors are taught to never cross directly in front of another boat. Motor boats vs. sailboats - Our instructors teach that our sailors should above all keep clear, regardless of whether they have right of way, assuming that the other boater is not knowledgeable. However, we of course teach starboard, port, leeward, windward and who has right of way. Ferries - Instructors teach that our sailors should always avoid the ferries, and plan their passage to accomplish this. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 19 of 84 Exhibit A Alcohol Use - The City has a strict policy of no alcohol use on any of its equipment. California Boating Accident form (damage over $500) - In case of an incident, our students are taught to immediately fill out the paperwork while details are fresh, and to provide to our Boating staff. Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public(Pagel) Candidate's offers courses focus on boating safety education. 4. Exhibit A - Section II Complete the chart, Boating Safety Courses Offered List all of your on -the -water boating safety courses that occurred between October 1, 2018 -September 30, 2019, the last federal fiscal year that was not impacted by Covid-19 closures. Only list boating safety course. (Definition is provided in the Definitions document in Show Documents area.) In the column 'Type of Course', indicate: W= course is NASBLA-approved • 'O' = course is other than NASBLA approved, or • 'I' = course is an introductory experience only 4.a. Boating Safety Courses Offered In the chart below, enter all the boating safety courses you offer that meet the following criteria: For purposes of this grant application, a boating safety course is defined as a course that includes the following elements: • At least 50% of the curriculum is based upon elements listed in the boating safety education area of the course curriculum check sheets of this grant application for the following boating activities: sailing, windsurfing, kayak, canoe, powerboats, rafting, SUP, rowing • Course goals emphasize non-competitive learning • Has an established curriculum or lesson plan • Participants wear life jackets Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 20 of 84 Total # of student # of % of Studen s student time # of is Type of receivin s DBW spent Sessio Enrolle Course g passing Equi on Length Length ns d in offered training NASBL p- boating of of offered each (see in A- ment safety Name of Course Course Annual Sessio instructio course approve Used educatio Course Das)l (Hours ly I n ns type I d exam ? n Introduction to 1 3.00 20 2 Other than 33 0 Yes 95.00 Sailing - Dinghy NASBLA- approved Beginner Sailing 4 12.00 28 3 Other than 86 0 Yes 95.00 - Dinghy NASBLA- approved Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 20 of 84 Exhibit A Intermediate 4 12.00 11 2 Other than 26 0 Yes 95.00 Sailing - Dinghy NASBLA- approved Introduction to 1 3.00 12 1 Other than 12 0 Yes 95.00 Sailing Keelboat NASBLA- a roved Beginner Sailing 4 12.00 9 3 Other than 28 0 Yes 95.00 - Keelboat NASBLA- approved Keelboat 1 4 12.00 9 2 Other than 18 0 Yes 95.00 NASBLA- approved Keelboat 2 4 12.00 7 2 Other than 17 0 Yes 95.00 NASBLA- approved Parent & Me 1 3.00 9 11 Other than 128 0 Yes 95.00 Sailing NASBLA- approved Sailing Camp 5 15.00 26 8 Other than 191 0 Yes 95.00 NASBLA- approved Total number of students (may include double counting) 539 0 Total number of unique students served: 400 Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 21 of 84 Exhibit A Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public (Page 2) 4.b. Boating -Related Events Complete the chart, Community Boating -Related Events List any community events that your organization hosts or is involved in that, while not involving formal boating safety training, still involve boating safety education for participants or the public. These include open houses, festivals, boat shows, school assembly presentations, etc. Type of Community Event Event Date Description of Boating Safety Ed. Provided # of Contacts Made Open Sailing Session 04/13/2020 A day for the community to come to Marina Park 13 to explore their interest in learning to sail. The program was designed to provide a pleasurable entry level sailing experience to non -sailors. Instructors used a variety of City sailboats to take the public out on the water. Of course, lifejacket safety was emphasized. Number of Total Contacts 13 Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 22 of 84 Exhibit A Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public (Page 3) Candidate's courses are available and open to a wide segment of the general public 5. What segments of the general public have access to your courses? A. All segments of the general public can take a course at my center. r., Yes r" No Programs are available for all ages. If you answered No, to 5A, answer B and C below: B. Identify the segments of the public that can access programming. Check all that apply. r Only Youth (under 18) F General Public Adults Only (over 18) I- College Students or Alumni -limited to your college or other select colleges F Disabled groups r Other specific groups C. Why are you limited to specific populations? 6.a. Do you require a membership fee other than course registration fee that is required r Yes r No of a person in order to take a course at your center? 6.b. If yes, please explain the circumstances that would require this limitation. (Nonprofit bylaws, etc.) 7. List the methods that a member of the public can sign up for a course at your center. P" Online r1_ Phone i✓ Walk-in r Mail -in Group Sign-up r Other Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public (Page 4) 8. Exhibit A - Section II Provide the following information regarding your organization's advertising and outreach efforts related to your boating safety courses in the following table and attach samples that illustrate your efforts. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 23 of 84 Method of Distribution between Method Used to Determine Media Used in the Target target Frequenc Results of Attach Past 12 Months Audience audience y Advertisin /Outreach ment City of Newport 45,000 residents mail, online, Quarterly can track hits online and track 26810 0 1-57N- avi a Beach Navigator and businesses distribution at registrations city sites F-aTl-- 2UT9. df City of Newport general public online Daily can track hits online; monitor 26810 1 -39 ab Beach website registrations aw marina Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 23 of 84 Exhibit A Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public (Page 5) 9. Access to Courses 9.a. What percentage of students each year are 95.00 first-time students? 9.b. Of the returning students: 25 Percentage repeating identical course 10.a What other boating safety education programs exist near you? f No other boating safety education program within 10 miles f` There are other boating safety education programs within 10 miles. 10.b If multiple programs exist in within 10 miles, is there duplication of effort in what you offer? How are the programs you offer different from immediate neighbors? Orange Coast College Sailing and Seamanship Boy Scouts of America Sea Base Variety of yacht clubs These are the main programs within the bay offering boating safety courses. The yacht clubs teach sailing, but their focus is on competition, which the City does not focus upon. The Sea Base provides Boy Scouts merit badge youth camps of all sorts, on and off the water, including youth sailing, however they do not provide any adult sailing classes. Also the Sea Base uses different types of instructional dinghies than the City offers for its classes. Finally, Orange Coast College offers youth and adult classes, however their boats used for sailing classes are, again, totally different, providing a different learning experience. OCC also offers ocean navigation, engine maintenance and repair, long distance ocean sailing and cruising, and powerboat classes - all outside the realm of what the City of Newport Beach is offering. In fact, we find that OCC is a good complement to the City classes, as we focus upon the strict beginner giving them the skills in either dinghies or keelboats, so that they can become confident skippers within our harbor. For the sailors who then advance to offshore boating, navigation and powerboating, OCC provides that next step of instruction. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 1) Candidate Conducts Evaluations and Improvements Candidate has Dedicated, Seasoned Staff 11.a. Does your program currently have a permanent program director? f: Yes +- No 11.b. How long has the current director been in that position? Less than 2 years f' 2 - 5 Years Over 5 Years Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 24 of 84 park website. PNw— xCampnewport.com general public online Daily can track online; monitor registrations banners at schools general public on public streets Daily traffic on streets surrounding schools social media general public online iDaily I can track hits Objective 2 - Candidate has boating safety education courses and outreach available and accessible to the public (Page 5) 9. Access to Courses 9.a. What percentage of students each year are 95.00 first-time students? 9.b. Of the returning students: 25 Percentage repeating identical course 10.a What other boating safety education programs exist near you? f No other boating safety education program within 10 miles f` There are other boating safety education programs within 10 miles. 10.b If multiple programs exist in within 10 miles, is there duplication of effort in what you offer? How are the programs you offer different from immediate neighbors? Orange Coast College Sailing and Seamanship Boy Scouts of America Sea Base Variety of yacht clubs These are the main programs within the bay offering boating safety courses. The yacht clubs teach sailing, but their focus is on competition, which the City does not focus upon. The Sea Base provides Boy Scouts merit badge youth camps of all sorts, on and off the water, including youth sailing, however they do not provide any adult sailing classes. Also the Sea Base uses different types of instructional dinghies than the City offers for its classes. Finally, Orange Coast College offers youth and adult classes, however their boats used for sailing classes are, again, totally different, providing a different learning experience. OCC also offers ocean navigation, engine maintenance and repair, long distance ocean sailing and cruising, and powerboat classes - all outside the realm of what the City of Newport Beach is offering. In fact, we find that OCC is a good complement to the City classes, as we focus upon the strict beginner giving them the skills in either dinghies or keelboats, so that they can become confident skippers within our harbor. For the sailors who then advance to offshore boating, navigation and powerboating, OCC provides that next step of instruction. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 1) Candidate Conducts Evaluations and Improvements Candidate has Dedicated, Seasoned Staff 11.a. Does your program currently have a permanent program director? f: Yes +- No 11.b. How long has the current director been in that position? Less than 2 years f' 2 - 5 Years Over 5 Years Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 24 of 84 Exhibit A 11.c. Provide the number of paid and volunteer staff in your boating safety program: Staffing Status # of Staff % of overall staff % of time in boating program Paid Full Time 3 50.00 100 Paid Part Time 6 50.00 80 Volunteer Full Time 0 0.00 0 Volunteer Part Time 0 0.00 0 TOTAL 9 15,691.00 51.00 Objective 3 - To fund organization that are efficient, and financially solvent. (Page 2) To demonstrate the diversity and stability of your funding sources, list the breakdown of your program's funding from your immediately previous fiscal year. (Income from your program's parent organization is considered a source.) 12.a List your program's funding sources Funding Source Amount Percentage of Total Program Fundin Parent Organization / Entity 5,000.00 17.00 Program Fees 9,566.00 32.00 DBW Grant 0.00 0.00 Other Grants 0.00 0.00 Endowments/Gifts 0.00 0.00 Fundraisers 0.00 0.00 Equipment Check out Fees 15,691.00 51.00 Boat Storage Fees 0.00 0.00 Other 0.00 0.00 Total 30,257.00 100.00 * Equipment Check-out Fees are fees generated from equipment use outside of classes. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 3) 12.b What are the limitations, if any, that these funding sources place upon your program spending? (i.e., parent organization will only fund staffing expenses, certain type of activities, or other expenses.) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 25 of 84 Exhibit A The City made an extraordinary commitment to providing boating education and access to the public when it built Marina Park five years ago. Again, with the departure of UCI from this program, the City, wanting to provide continuity to its customers, bought all six of the J22s from UCI. So, in terms of equipment and vessels, the City has already made a huge financial commitment. The City has also dedicated three key positions to the Sailing and Boating program, as well as a staff of part-time employees. Any budgetary items or pricing increases must be approved through City Council, and that process has been completed for this fiscal year within the City, so the Sailing and Boating program has already been funded - without coach boats. Thus, there is only $5000 budgeted from the City to the Sailing and Boating program. Because coach boats are mission critical for the re -launch of this program, Marina Park Sailing and Boating is relying upon the funding from this grant for the equipment required to teach its classes. As an aside, the program is in need of new lifejackets as well as jibs for the J22s, but securing the coach boats is the one absolutely critical item that needs to be fulfilled in order to move forward with the City's boating safety classes. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 4) 13. Conducting Evaluation & Implementing Improvements 13.a Do you have method(s) of conducting program assessments? f: Yes r, No If you answered 'Yes', list method(s) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 26 of 84 Exhibit A The City is invested in providing excellent customer service and provides surveys and solicits feedback after every class. The City sends out surveys to program participants at the end of their class period as an assessment. The City also puts together a summary at the end of each quarter that gives a snapshot of its findings. This is for all programs through the City, not just sailing & boating. Customer feedback is provided regarding instructor's ability to communicate, keep students active and engaged, overall teaching quality, expectations and were they met, would customer repeat the class, things they'd change about the class and things they liked most about the class. Below is the Class/Camp Audit form (we didn't see where we could provide attachment for you.) This form is designed for City Recreation management staff when performing audits of classes or camp run by City contracted instructors, in order to best assess the instructors. The City also holds bi-annual contract instructor meetings with all contracted City instructors to train, go over policies, procedures, and set expectations for the upcoming program seasons. We can provide DBW a PDF (Successful Summer Camp) that gives a comprehensive look at the information that we go over at these meetings, as well as the summary document based on the feedback provided by the public. City of Newport Beach Recreation & Senior Services Department Contract Classes, Instructor Audit Form Evaluator: Quarter & Date: Company Name: Instructor Name: Class Title: Class#: Time/Hrs. Number of participants in class Number of participants on roster Have Rosters on hand Yes / No Have ID Badge Yes / No Camp: have emergency forms Yes / No Camp: Have sign-in/out forms Yes / No (Check the box that best suits how well the instructor is performing on specified Characteristics & Tasks) (4 = Exceeds Standards; 3 = Meet Standards; 2 = Needs Improvement; 1 = Unsatisfactory) Instructors Characteristics Performance 4 3 2 1 Comments Enthusiastic w/ a positive attitude ? ? (The instructor showed passion for what they were teaching) Warm and empathetic ? ? ? ? (The instructor showed they cared about their participants) Positive ? ? ? ? (The instructor praised good work, the instructor was not condescending or putting anyone down) Knowledgeable ? ? ? ? (The instructors showed they knew what they were teaching) Patient ? ? ? ? (The instructor did not show frustration) Helpful ? ? ? ? (The instructor was supportive and helpful) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 27 of 84 Exhibit A Informative ? ? ? ? (The instructor went into depth about their topic) Instructors Overall Performance 4 3 2 1 Comments Prepared ? ? ? ? (The instructor was on-time and ready for class to begin) Greetings ? ? ? ? (The instructor greeted participants, took attendance, and reviewed material) Effective ? ? ? ? (The instructor made good use of examples and illustrations) Clear ? ? ? ? (The instructor spoke so everyone could here and was understood) Appearance ! ! ! (The instructor was dressed well and well kept) Additional Comments: Summer 2017 Survey Summary Ages 3-6 years 6-12 years 12-16 years 18% 74% 8% Were your/your child's expectations of the camp met? yes - no - 93% 7% Would you take this camp again? Yes No 89% 11% Did the facility meet your expectations? Yes No 96% 4% Total Number of Respondents: 291 How would you rate the following? (1-4, 4 being excellent) Instructor's enthusiasm & creativity 3.65 Instructor's communication? 3.69 Instructor's ability to keep the campers active & engaged? 3.6 Quality of instruction? 3.5 Did your child enjoy the camp? 3.69 What did you like most about the camp? Staff: 23% Location: 7% Camp Content: 35% Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 28 of 84 Exhibit A General: 35 Description: 23% of respondents cited staff as what they liked most about camp (ie. "the staff were amazing!") 7% of respondents liked the location most (ie. "I loved the convenience of the location because I live nearby") 35% of respondents said the content of the camp was what they liked most (ie. "My son really liked dissecting the sea animals.") 35% of respondents were just generally happy about their camp experience (ie. "I was extremely impressed with the camp all around.") Suggestions for Improvement: • Consider more full day options (ie. 9-3 instead of 9-1), especially for younger participants • Improved drop off/pick up procedures • Offering lunch options, if available • Send photos from the day and/or give parents update on child's perceived progress • Make sure the activities during the week match the description of the class as advertised online • Our parents seem to prefer very clear structures for the day's activities, incorporating STEM programming when possible/relevant Data to be used for: • Distribute highlights in City Manager newsletter • Provide to instructors as feedback • Consider in planning process for 2018 Feedback Highlights (kept this general): • Our family is very thankful to have such a wonderful community resource available for our son. It is hard to find something this valuable and affordable so close to home and we are very thankful for the weeks we were able to register for. • This is our 5th year of various city and private surf camps and this was our favorite so far! Definitely coming back! • So many wonderful things to list! Our daughter absolutely loved her 2nd year at camp. Thank you for welcoming her and making this such a special week for her and her camp mates. • My son was excited to go to camp every morning. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 4-1) 13.b Give up to 2 examples of how you improved a process in your boating program. In your answer include • the methods used to identify the problem • the steps you took to improve it • the benefit the improvement provided to your program Methods used to identify the problem Contract 9 C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 29 of 84 Exhibit A The City is always looking for ways to improve upon its procedures and classes, as well as analyzing instructor performance. In order to identify areas for improvement, as mentioned previously, City Recreation managers conduct periodic audits of classes and camps run by City contracted instructors. These audits measure overall instructor performance including, but not limited to: enthusiasm, positive attitude, warmth, empathy, knowledge, patience, helpfulness, preparation, effectiveness, clarity and appearance. Contracted instructors are assessed and provided with constructive feedback. The City also holds bi-annual contract instructor meetings with all contracted City instructors to train, go over policies, procedures, and set expectations for the upcoming program seasons. If desired, we can provide a PDF that gives an idea of what is covered at these meetings. The City also sends out surveys to camp and class participants at the end of their program as an assessment. Participants are asked for suggestions for improvement, including their input on instructor's enthusiasm, creativity, communication, teaching skills keeping students engaged and active and quality of instruction. The survey gauges the student's opinions about the class ranging from staff, location and class content. The City produces a document with the survey findings. Positive notes are distributed through the City Manager's newsletter, and feedback is provided to instructors as well as considered in the planning process for future classes. From these surveys, certain problems surface with associated suggestions, like considering more full day options for campers, improved parking or drop off areas, sending photos from the classes and progress reports. These suggestions are easily identified, managed and improved upon. In terms of providing a tangible example about improving our sailing and boating class procedures, we provide the following. Our teaching curriculum has always been standard, following US Sailing teaching protocols, thus is constantly improving as US Sailing continues to provide improved content. Our instructors are all at least US Sailing Level I instructor certified, so that provides a base level of accomplishment, capability and knowledge. Our only bumps come from human influence, meaning character traits of our students, mostly in the youth category. Every so often, our instructors find a younger student who is really difficult to manage. Their parents have, more than likely, dumped them in camp and they have no desire to sail or even be near the water. The student becomes disruptive to class and the negative attitude can influence other students, not to mention pose a safety hazard if the student refuses to listen to coaches. These students make it quite evident that they don't want to be there and have no interest in learning to sail. They are also the students that our instructors take on as personal challenges. In other words, the City's desire is to introduce people to sailing and boating safely and make it an absolutely positive experience. So, it becomes a personal challenge for our coaches to be able to turn the difficult student around and have them leave class happy and feeling confident about themselves as boaters. So, the method for identifying this particular problem becomes the instructor's observations, along with any feedback from parents or guardians. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 4-2) 13 b. (continued) Steps you took to improve it Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 30 of 84 Exhibit A Our coaches work together as a team. Typically, they all know each other personally outside of work, because we hire the best sailors on the bay, who all know each other from the sailing world. Our coaches all enjoy teaching and generally all bring a unique ability to connect with people, young or old. In the case of the youth student who poses a problem, the coaches will identify the specific problem with the child and lead staff will assign the appropriate coach to the sailor. It is critical that the coach's style resonates with the child or student. One camper specifically comes to mind. She absolutely in no uncertain terms did not want to be at camp. The most patient coach of the group was exasperated and finally came to lead staff, saying she had reached the end of her rope. Lead staff stepped in to work with the sailor and quickly discoverd an unparallelled stubborn disposition. The winning combination, because all staff was committed to resolving the issue and refused to give up, was placing the girl with a certain instructor who had two sisters who were hearing impaired. This instructor had a gift in communicating effectively, patiently and with understanding. These traits are the intangibles when teaching safe boating. The best Olympic sailor can come coach, but provide little value, if they do not have teaching skills. This instructor became the girl's favorite coach, and by the end of session, had turned her into an independent sailor, who went on to take the next class. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 4-3) 13 b. (continued) Benefit the improvement provided to your program Knowing how to work with the wide variety of student personalities, young and old, is critical to the success of our program. The City's overall goal is to teach people how to boat safely and to plant a love for the sport, creating enthusiastic, knowledgeable boaters who will continue their educational adventure. Without coaches who are determined and adept at instructing, our program would not be viable. So, while this example of an improvement to our program isn't a strict, tangible change of method or procedure, it is critical to accomplishing our overall goal of producing safe and enthusiastic boaters. Hiring a broad range of accomplished teachers sets the program up for success, as we know we can work with every type of difficult personality and, in fact, transform them into happy, qualified boaters. Changing the temperament of a class influenced by one negative personality allows each student in that class to adequately focus and walk away a boater, with basic knowledge to make them a competent boater. Objective 3 - To fund organization that are efficient, and financially solvent. (Page 4-4) 13.c What methods do you use ensure that your programming stays current with new trends? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 31 of 84 Exhibit A The City of Newport Beach offers a large variety of recreational classes to the public, accomodating all ages, infants to seniors. Because it offers so many different classes, including sailing, the City must hire out contract instructors who are specialists in each field of recreation. There is no way the City could staff specialist instructors in the myriad of programs it offers. However, the Sailing and Boating program runs differently because there is City staff managing this one program, and the City has made a large financial committment with the purchase of equipment dedicated to sailing and boating. The City has a vested interest in ensuring its Sailing and Boating program is successful. The only aspect of this program that is contracted out is the hiring of the expert instructors to teach the classes. The City staff members hired to manage this program are qualified to instruct, but the City has dedicated this internal staff to developing, implementing and managing the program's procedures and day to day operations. All the coaches who teach City classes are certified US Sailing Level I instructors, and our City coordinator and facilities manager are both US Sailing members and active racers from racing families. Thus, staff is directly tied into the latest coaching techniques, lesson plans and equipment developments from US Sailing and other resources. Because some of our staff and instructors are actively involved in competition across the country, they are exposed to sailors from all over, as well as other community boating centers, which often host regattas. Interaction with other community boating managers is often helpful with a variety of topics including teaching, pricing, equipment and administration. In addition to staffs personal contacts within the boating community, DBW provides an excellent resource of boating managers in California. The workshops are helpful, particularly with the open conversation centering on how each agency approaches running its individual program. The City also relies upon customer feedback, actively soliciting input and distributing customer and instructor surveys after each class. 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PLEASE READ THE FOLLOWING CAREFULLY ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'EQUIPMENT' AND/OR 'SCHOLARSHIP' AS A PROPOSAL TYPE Create a course curriculum check sheet for any course that is listed either in Section 2 of your Equipment Worksheet or Section 1 of the Scholarship Worksheet. IF YOU DID NOT SELECT 'EQUIPMENT' AND/OR 'SCHOLARSHIP' AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO NAVIGATE TO THE NEXT SECTION Aquatic Grant Curriculum Check Sheet (1) 1. Course Title Introduction to Sailing - Dinghy 2. Course Location (Body of Newport Harbor Water): 3. Type of Water: r Lake - Calm Lake - Choppy f' Coastal Waters - Protected Harbor, Calm Water 4. 5 6. 7. 9. Coastal Waters - Some Waves, or River - Class 1-2 r River - Class 3 and Above Rough Type of Activity: C Sailing r Windsurfing r Motorboat C- PWC Tow Sport Rowing I— Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe r SUP r Rafting Course developed by Aquatic Center r ACA r US Sailing / ASA r US Sailing / ASA Powerboating r NASBLA Approved r Other Course Prerequisites: None Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Instructor Level I Other Instructor Certifications US Sailing Instructor Level I Length that a single student spends in this 1 Total Hours 3.00 Course (Days): BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 0.50 Total Time Allotment: (Hours) Contract 4 C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 40 of 84 Exhibit A Check all that apply r PFDs (types and fitting) r Swim / Water Comfort Check Emergency Procedures r Hypothermia Precautions r Accident Reporting W' Boating Safety Related STEM / STEAM f Other: B. NAVIGATIONAL RULES & AIDS Check all that apply Right of Way Buoys/Channel Markers W' Local Rules (- Other: C" Proper Clothing / Sunscreen / Hydration W Communication Methods W" Weather Conditions r Water Conditions and Hazards C Float Plans W Boating Under the Influence 0.75 Total Time Allotment: (Hours) W Signals/Signs/Lights r Collision Avoidance l✓ Safe Speed C. VESSEL OPERATION/ HANDS-ON 1.50 Total Time Allotment: (Hours) TRAINING Check all that apply r Equipment Orientation r Practical Application Skills I✓ Technique & Maneuvers r�' Rigging r Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS Check all that apply r Non -Boating Safety Related STEM/STEAM I` Non -Boating Related Learning Games Toxic Products Other: J'—" Care of Equipment r MOB/Capsize Drills Boarding / Disembarking f' Boating Related Learning Games 0.25 Total Time Allotment: (Hours) All Environmental Education C✓ Cultural / Historic Education r Other Education Total Course hours not including Meals / Travel: 3.00 11. EVALUATION: A. NASBLA approved test: Yes r; No B. If no NASBLA-Approved Testing, please answer the following: We conduct a test that includes both a written exam and on -the -water skill evaluation. We use another comprehensive written test to determine course pass/fail and/or advancement to next level. r•' We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. We have an informal type of on -the -water skills assessment, but it is not used to advance the student or Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 41 of 84 determine a pass/fail grade. r We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test or skills evaluation Exhibit A When we were working, in the past, with UCI, there was no written skills evaluation for any of our classes - that will more than likely change moving forward. UCI's instructors were always aware of our students competency levels. By virtue of being on the water working with our students (often in the boat with the student in this class), the instructors can see, regardless of formal written testing, whether a student is meeting the criteria needed to advance to the next level. By the end of class, instructors will be asking students to meet the minimum criteria of the class curriculum. In the event that a student is only meeting the minimum criteria, instructors will suggest to sailors that they repeat the Introductory Class. Students in a class all learn at different paces, so the instructor will work with students individually, based upon their unique level of learning, but will not advance them to Beginner Sailing, sailing without a coach in the boat, until they demonstrate adequate skills confidently. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Introduction to Sailing - Dinghy is an entry-level first experience class. It's designed for the person who's not sure if sailing is going to be the pastime for them. By simply making the class one day and three hours, the student gets a feel for the very basics of sailing and safety - without making a huge time or financial commitment. Instructors reveiw all the safety elements of 9 A -C. For example, lifejackets are incredibly important and students are taught how to check to see if the jacket is Coast Guard approved, weight limit for the vest, how to loosen buckles, how to fit a jacket properly, and how to be sure to snug the jacket firmly. We have displays that show a person with a loosely fitting jacket floating up over the head of a person in the water, which demonstrates how that jacket will serve no purpose, unless it's snugly fitted. In this class, the beginner is introduced to weather and wind, tides, and how those factor into sailing. Students learn how to "see" the wind by looking at flags and mast head flys on boats. All of the safety elements are covered, but as this is only a three-hour class, the topics are not delved into too deeply. However, the absolute benefit of this class is that for just a minor commitment, this student is generally hooked into the sport of sailing. A high percentage of these students come back and register for our four-week Beginner Dinghy - Sailing class. Aquatic Grant Curriculum Check Sheet (2) Course Title 2. Course Location (Body of Water): 3. Type of Water: Lake - Calm Beginner Sailing - Dinghy Newport Harbor Lake - Choppy Coastal Waters - Some Waves, or r River - Class 1-2 Coastal Waters - Protected Harbor, Calm Water River - Class 3 and Above Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 42 of 84 Rough 4. Type of Activity: r"' Sailing r Windsurfing r Kayak -Sea r Kayak -WW 5. Course developed by Exhibit A Motorboat PWC r Tow Sport r Rowing r Kayak -S on T r Canoe r SUP r Rafting Aquatic Center r ACA r US Sailing / ASA r US Sailing / ASA Powerboating r NASBLA Approved (` Other 6. Course Prerequisites: None 7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Length that a single student spends in this Instructor Type Certifications of Lead Instructor and Other Instructors BOATING SAFETY EDUCATION ELEMENTS Lead Instructor Certifications US Sailing Instructor Level I include time spent on meals or travel) Other Instructor Certifications US Sailing Instructor Level I Check all that apply Length that a single student spends in this 4 Total Hours 12.00 Course (Days): BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply r PFDs (types and fitting) I✓ Proper Clothing / Sunscreen / Hydration r Swim / Water Comfort Check Communication Methods r Emergency Procedures r Weather Conditions r Hypothermia Precautions Ir Water Conditions and Hazards Accident Reporting Float Plans r Boating Safety Related STEM / STEAM r Boating Under the Influence r Other: B. NAVIGATIONAL RULES & AIDS Check all that apply r1 Right of Way r Buoys/Channel Markers Local Rules 1` Other: C. VESSEL OPERATION/ HANDS-ON TRAINING Check all that apply Equipment Orientation Practical Application Skills 1.75 Total Time Allotment: (Hours) r Signals/Signs/Lights Collision Avoidance Safe Speed 8.50 Total Time Allotment: (Hours) Care of Equipment r MOB/Capsize Drills Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 43 of 84 Technique & Maneuvers Rigging Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS Check all that apply F_ Non -Boating Safety Related STEM/STEAM r Non -Boating Related Learning Games r Toxic Products r Other: Exhibit A Boarding / Disembarking j✓ Boating Related Learning Games 0.25 Total Time Allotment: (Hours) All Environmental Education Cultural / Historic Education F_ Other Education Total Course hours not including Meals / Travel: 12.00 11. EVALUATION: A. NASBLA approved test: r4 Yes i': No B. If no NASBLA-Approved Testing, please answer the following: r We conduct a test that includes both a written exam and on -the -water skill evaluation. We use another comprehensive written test to determine course pass/fail and/or advancement to next level. We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. r^ We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. r We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test This class is unique because it can be taken at least a couple of or skills evaluation times and, in fact, instructors often recommend that students re- take this class before they move along to Intermediate Dinghy. Students move at different paces learning how to sail and some don't catch on as quickly as others. Instructors will determine on the water if students have mastered all the basics of sailing, watching as students sail on all points of sail, looking for demonstration of critical knowledge, like wind direction, docking, rigging, tacking, jibing, boat handling, rules of the road, control of the boat and steering. If a student does not have the basics down, the instructor will definitely recommend that they repeat the Beginner class. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 44 of 84 Exhibit A Description: This 4 -session beginner class is perfect for those with little to no experience who wish to learn how to sail on beautiful Newport Harbor! You will learn the fundamentals of how to rig and de -rig the boat, points of sail, how to tack and jibe, and basic rules of the road. You will be sailing our 14' dinghies by the end of the first day! Beginner Sailing - Dinghy is one of the City's most popular sailing classes. There are people who walk by the facility every day, saying they always wanted to try sailing, so we suggest they start with this course. This 4 - session beginner class is perfect for those with little to no experience who wish to learn how to sail on beautiful Newport Harbor. Students learn the fundamentals of how to rig and de -rig the boat, points of sail, how to tack and jibe, and basic rules of the road. Students start off each class with a chalk talk going over basic sailing terminology. They learn the parts of the boat, with particular emphasis on the tiller and the mainsheet. They learn about the points of sail, how to read the wind, and how to capture the wind efficiently in their sails. During the first class, they are already sailing our 14' dinghies with a crew by themselves. We find that the Figure 8 drill, set between two reaching buoys, works well as we emphasize only tacking at first (no jibing) and reaching tends to be the easiest point of sail. All the safety topics listed above are also covered, both in the chalk talk, demonstrated while on the water, and finally reviewed in a post -sailing on -shore debrief. If the student does not master the basics of sailing and feel confident about moving onto Intermediate Sailing, this class is an ideal class to repeat as instructors can work with each student individually, building upon information the student has already picked up. Aquatic Grant Curriculum Check Sheet (3) 1. Course Title 2. Course Location (Body of Water): 3, Type of Water: r Lake - Calm Intermediate Sailing - Dinghy Newport Harbor Lake -Choppy Coastal Waters - Some Waves, or River - Class 1-2 Rough 4. Type of Activity: Sailing r Windsurfing r Motorboat r PWC r Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe 5. Course developed by I✓ Aquatic Center r ACA r US Sailing / ASA Powerboating r NASBLA Approved 6, Course Prerequisites: Beginner Sailing - Dinghy or equivalent VA E. f•' Coastal Waters - Protected Harbor, Calm Water River - Class 3 and Above r Tow Sport r Rowing r SUP r Rafting r US Sailing / ASA r Other Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Instructor Level I Other Instructor Certifications US Sailing Instructor Level I Length that a single student spends in this 4 Total Hours 12.00 Course (Days): Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 45 of 84 Exhibit A 9. BOATING SAFETY EDUCATION ELEMENTS 8.50 Total Time Allotment: (Hours) COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) Check all that apply A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply Practical Application Skills Cf PFDs (types and fitting) Proper Clothing / Sunscreen / Hydration r Swim / Water Comfort Check r Communication Methods P'_ Emergency Procedures % Weather Conditions r Hypothermia Precautions I✓ Water Conditions and Hazards P- Accident Reporting Float Plans Boating Safety Related STEM / STEAM Boating Under the Influence r Other: Non -Boating Safety Related STEM/STEAM B. NAVIGATIONAL RULES & AIDS 1.75 Total Time Allotment: (Hours) Check all that apply F"-' Right of Way Signals/Signs/Lights t✓' Buoys/Channel Markers r Collision Avoidance l✓ Local Rules r Safe Speed )" Other: C. VESSEL OPERATION/ HANDS-ON 8.50 Total Time Allotment: (Hours) TRAINING Check all that apply Equipment Orientation r Care of Equipment Practical Application Skills MOB/Capsize Drills Technique & Maneuvers ! Boarding / Disembarking Rigging Boating Related Learning Games Other: 10 NON -BOATING SAFETY EDUCATION 0.25 Total Time Allotment: (Hours) ELEMENTS Check all that apply Non -Boating Safety Related STEM/STEAM All Environmental Education r Non -Boating Related Learning Games r Cultural / Historic Education r Toxic Products r Other Education r Other: Total Course hours not including Meals / Travel: 12.00 11. EVALUATION: A. NASBLA approved test: - Yes f. No B. If no NASBLA-Approved Testing, please answer the following: We conduct a test that includes both a written exam and on -the -water skill evaluation. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 46 of 84 Exhibit A r We use another comprehensive written test to determine course pass/fail and/or advancement to next level. (*-We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. r, We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. r We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test The Intermediate Dinghy class appeals to a wide ability of sailor, or skills evaluation but typically upon successful completion of this class, the sailor will take our on water skill evaluation and written test. A good rule of thumb for our instructors is for them to ask themselves, "Would I want this person hopping in my personal sailboat by themselves and going for a sail?" If the answer is no, then the student repeats the Intermediate class. Clearly, there is a checklist of minimum standards that an instructor looks for in an intermediate sailor: complete control of the boat, ability to maneuver and slow down, docking prowess, rigging and right of way knowledge, ability to sail on all points of the wind, ability to read the wind from flags and ripples - to name a few areas. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Description: This 4 -session class is perfect for intermediate dinghy sailors. Students will build on their basic skills and learn the finer points of boat handling and sail theory while sailing on beautiful Newport Harbor. The class will have an emphasis on developing confidence for sailing alone in the 14' RS Quest. As with all our other classes, the topics in A -C are covered. In the Intermediate Class, any students who've taken our classes, should have a firm grasp on everything on those checklists. In the intermediate class, it's time to delve into more intracacy. Students are taught more advanced techniques and maneuvers, learning how to rapidly stop their dinghies by standing up and backwinding the main. Students are challenged to learn how to sail backward - a favorite skill, as it rapidly increases a sailor's control over the boat and builds tremendous confidence. Instructors cover right of way rules in much more depth, particularly for sailors. By now, students are familiar with port and starboard, but they build upon that by learning that the leeward boat has right of way over the windward boat, and that overtaking yacht must stay clear. Capsizing becomes more fun when you're a more confident sailor, and instructors teach students how to do a "dry flip" escaping getting wet. By now, though, our intermediate sailors have beent taught so well that there is little chance of an accidental flip. Instructors build upon the student's knowledge of the buoys in the bay and what purpose they all serve. They look more closely at current within the bay, how to spot current lines, where it runs stronger and why. Sailors at this level begin to realize how "STEM" -oriented sailing and boating are. They begin to understand the math components of sailing, with geometric angles, and the science of wind, apparent wind and forecasts. Aquatic Grant Curriculum Check Sheet (4) Course Title Introduction to Sailing - Keelboat Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 47 of 84 K 41 4 5. 6. 7. 3 9 Course Location (Body of Water): Type of Water: (" Lake - Calm Exhibit A Newport Harbor i— Lake - Choppy �* Coastal Waters - Protected Harbor, Calm Water r Coastal Waters - Some Waves, or i— River - Class 1-2 r^ River - Class 3 and Above Rough Type of Activity: W Sailing r Windsurfing r Motorboat r PWC r Tow Sport r Rowing I— Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe r SUP r Rafting Course developed by r Aquatic Center r ACA C` US Sailing / ASA F US Sailing / ASA Powerboating r NASBLA Approved r Other Course Prerequisites: None Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Instructor Level I Other Instructor Certifications US Sailing Instructor Level I Length that a single student spends in this 1 Total Hours 3.00 Course (Days): BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 0.50 Total Time Allotment: (Hours) Check all that apply ro PFDs (types and fitting) Proper Clothing / Sunscreen / Hydration C� Swim / Water Comfort Check Communication Methods Emergency Procedures I✓ Weather Conditions r Hypothermia Precautions r Water Conditions and Hazards Accident Reporting Float Plans r Boating Safety Related STEM / STEAM Boating Under the Influence r Other: B. NAVIGATIONAL RULES & AIDS Check all that apply Right of Way Buoys/Channel Markers r Local Rules r Other: 0.75 Total Time Allotment: (Hours) Signals/Signs/Lights Collision Avoidance Safe Speed Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 48 of 84 Exhibit A C. VESSEL OPERATION/ HANDS-ON 1.50 Total Time Allotment: (Hours) TRAINING Check all that apply C✓ Equipment Orientation r Practical Application Skills Technique & Maneuvers r Rigging r Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS Check all that apply r Non -Boating Safety Related STEM/STEAM r Non -Boating Related Learning Games rToxic Products r Other: fo Care of Equipment W MOB/Capsize Drills r Boarding / Disembarking r Boating Related Learning Games 0.25 Total Time Allotment: (Hours) W All Environmental Education W Cultural / Historic Education r Other Education Total Course hours not including Meals / Travel: 3.00 11. EVALUATION: A. NASBLA approved test: r~ Yes f: No B. If no NASBLA-Approved Testing, please answer the following: r We conduct a test that includes both a written exam and on -the -water skill evaluation. We use another comprehensive written test to determine course pass/fail and/or advancement to next level. (;'We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test This skills evaluation is similar to the Introduction to Sailing - or skills evaluation Dinghy class.Our instructors are always aware of our students competency levels. By virtue of being on the water working with our students (often in the boat with the student in this class), the instructors can see, regardless of formal written testing, whether a student is meeting the criteria needed to advance to the next level. By the end of class, instructors will be asking students to meet the minimum criteria of the class curriculum. In the event that a student is only meeting the minimum criteria, instructors will suggest to sailors that they repeat the Introductory Class. Students in a class all learn at different paces, so the instructor will work with students individually, based upon their unique level of learning, but will not advance them to Beginner Sailing, sailing without a coach in the boat, until they demonstrate skills confidently. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 49 of 84 Exhibit A for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Description: A 1 -day class for the novice sailor to experience the joy of sailing on beautiful Newport Harbor. Have you been wondering if sailing is for you? Then this class is a great place to experience your First Sail. You and up to two other students will join our instructor on board an RS Venture keelboat, and work together to rig and sail the boat learning basic sailing skills including steering, sail trim and rules of the road. This class is perfectly suited for the timid, but curious student - the person who'd like to get on the water to see what sailing is all about, but they're not about to climb in a boat alone. The RS Venture's open seating configuration allows for instructors to join their students in the boat, rather than teaching from a coach boat. Just having an instructor onboard relieves any stress the student might be feeling. Knowing that they have an instructor with them gives a student the comfort to learn more easily and quickly. Most beginner sailors are terrified of heeling at first. They don't understand that this is a natural part of sailing and can be absolutely controlled. Once an instructor hands over the mainsheet and lets the student experiment with catching the wind and then easing the sails to release the wind, the confidence builds. Understanding this basic concept and that the mainsheet is the "gas pedal" is a huge safety step. Instructors combine that knowledge with steering basics; students begin to understand the steering is counter -intuitive. They learn how to control the boat through steering and slowing by putting the bow into the safety position. Knowing the safety position, with the bow slightly off the wind and sails luffing, is a critical form of control that allows a sailor to avoid any collisions. The end goal of this class is that we've reached the entry level demographic with three hours of boating safety information, that the student leaves as a much more educated boater and that they leave class wanting to learn more. Aquatic Grant Curriculum Check Sheet (5) Course Title 2. Course Location (Body of Water): 3. Type of Water: t Lake - Calm Beginner Sailing - Keelboat Newport Harbor Lake - Choppy Coastal Waters - Some Waves, or '_ River - Class 1-2 Rough 4. Type of Activity: r Sailing r Windsurfing Motorboat PWC Kayak -Sea r Kayak -WW Kayak -S on T r Canoe 5. Course developed by tf' Coastal Waters - Protected Harbor, Calm Water r River - Class 3 and Above r Tow Sport Rowing SUP r Rafting r Aquatic Center r ACA r US Sailing / ASA US Sailing / ASA Powerboating r NASBLA Approved r Other g. Course Prerequisites: Introduction to Sailing - Keelboat recommended 7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 50 of 84 Exhibit A 8. Length that a single student spends in this Instructor Type Certifications of Lead Instructor and Other Instructors 9. BOATING SAFETY EDUCATION ELEMENTS Lead Instructor Certifications US Sailing Instructor Level I include time spent on meals or travel) Other Instructor Certifications US Sailing Instructor Level I Check all that apply 8. Length that a single student spends in this 4 Total Hours 12.00 Course (Days): 9. BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply I✓ PFDs (types and fitting) l✓ Proper Clothing / Sunscreen / Hydration Swim / Water Comfort Check 1✓ Communication Methods r Emergency Procedures r Weather Conditions r Hypothermia Precautions Water Conditions and Hazards W Accident Reporting (✓ Float Plans Boating Safety Related STEM / STEAM Boating Under the Influence Other: B. NAVIGATIONAL RULES & AIDS 1.75 Total Time Allotment: (Hours) Check all that apply Right of Way r Signals/Signs/Lights Buoys/Channel Markers Collision Avoidance r Local Rules Safe Speed f Other: C. VESSEL OPERATION/ HANDS-ON 8.50 Total Time Allotment: (Hours) TRAINING Check all that apply r Equipment Orientation Care of Equipment Practical Application Skills MOB/Capsize Drills !� Technique & Maneuvers Boarding / Disembarking Rigging Boating Related Learning Games Other: 10 NON -BOATING SAFETY EDUCATION 0.25 Total Time Allotment: (Hours) ELEMENTS Check all that apply r Non -Boating Safety Related STEM/STEAM All Environmental Education r Non -Boating Related Learning Games r Cultural / Historic Education f Toxic Products r Other Education F' Other: Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 51 of 84 Exhibit A Total Course hours not including Meals / Travel: 12.00 11. EVALUATION: A. NASBLA approved test: (^ Yes f` No B. If no NASBLA-Approved Testing, please answer the following: f-' We conduct a test that includes both a written exam and on -the -water skill evaluation. (-We use another comprehensive written test to determine course pass/fail and/or advancement to next level. f' We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. r We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test Beginner Sailing - Keelboat is similar to Beginner Sailing - Dinghy or skills evaluation in terms of what we expect from a student before they are recommended to move on. This class is unique because it can be taken at least a couple of times and, in fact, instructors often recommend that students re -take this class before they move along to Keelboat 1. Students move at different paces learning how to sail and some don't catch on as quickly as others. Instructors will determine on the water if students have mastered all the basics of sailing, watching as students sail on all points of sail, looking for demonstration of critical knowledge, like wind direction, docking, rigging, rules of the road, control of the boat and steering. If a student does not have the basics down, the instructor will definitely recommend that they repeat this class. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Description: This 4 -session beginner class is perfect for those with little to no experience who wish to learn how to sail on beautiful Newport Harbor. You will learn the fundamentals of how to rig and de -rig the boat, points of sail, how to tack and jibe, and basic rules of the road. You will be sailing in our beautiful J/22s. While Introduction to Sailing - Keelboat is just a one -day introductory sailing class, Beginner Sailing - Keelboat is a four -session, 12 -hour beginning sailing class. Instead of learning to sail in a dinghy, these beginner sailors are learning to sail in the J22. Because these keelboats are bigger than the dinghies, more students can be placed onboard at a time, so a beginning student doesn't have to manage everything onboard at once. Students split duties learning to trim the main separately from steering, and eventually learning to trim the jib. Coaches provide in-depth chalk talks on dock -side instruction long before students venture onto the water. Sailors learn all the parts of the boat and sails, as well as how to rig and de -rig properly. Rules of the road as well as all the safety topics in A -C are covered repeatedly. The goal of this course is to create new, properly educated entry-level sailors, who are provided a sound base of boater safety information. The hope is that these sailors will return to further their education and build upon skills. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 52 of 84 Exhibit A 91 Length that a single student spends in this Aquatic Grant Curriculum Check Sheet (6) Certifications of Lead Instructor and Other Instructors 1. Course Title Keelboat 1 Lead Instructor Certifications 2. Course Location (Body of Newport Harbor Other Instructor Certifications Water): Check all that apply 3, Type of Water: Proper Clothing / Sunscreen / Hydration Swim / Water Comfort Check r Lake - Calm Lake - Choppy f' Coastal Waters - Protected Weather Conditions r Hypothermia Precautions Harbor, Calm Water Accident Reporting r Coastal Waters - Some Waves, or ^ River - Class 1-2 C River - Class 3 and Above Boating Under the Influence Rough 4. Type of Activity: W Sailing r Windsurfing r Motorboat r PWC r Tow Sport r Rowing r Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe r SUP r Rafting 5. Course developed by Aquatic Center r ACA r US Sailing / ASA r US Sailing / ASA Powerboating r NASBLA Approved r Other 6. Course Prerequisites: Beginner Sailing - Keelboat 7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. 91 Length that a single student spends in this Instructor Type Certifications of Lead Instructor and Other Instructors BOATING SAFETY EDUCATION ELEMENTS Lead Instructor Certifications US Sailing Instructor Level I include time spent on meals or travel) Other Instructor Certifications US Sailing Instructor Level I Check all that apply 91 Length that a single student spends in this 4 Total Hours 12.00 Course (Days): BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply r PFDs (types and fitting) Proper Clothing / Sunscreen / Hydration Swim / Water Comfort Check Communication Methods Emergency Procedures Weather Conditions r Hypothermia Precautions Water Conditions and Hazards Accident Reporting Cr Float Plans fo Boating Safety Related STEM / STEAM Boating Under the Influence F Other: B. NAVIGATIONAL RULES & AIDS 1.75 Total Time Allotment: (Hours) Check all that apply Right of Way Signals/Signs/Lights Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 53 of 84 Exhibit A r Buoys/Channel Markers I✓ Local Rules t— Other: r Collision Avoidance r' Safe Speed C. VESSEL OPERATION/ HANDS-ON 8.50 Total Time Allotment: (Hours) TRAINING Check all that apply T' Equipment Orientation � Practical Application Skills T1_ Technique & Maneuvers Rigging r Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS Check all that apply r Non -Boating Safety Related STEM/STEAM F Non -Boating Related Learning Games I—ToxicProducts i Other: W' Care of Equipment r MOB/Capsize Drills W Boarding / Disembarking To— Boating Related Learning Games 0.25 Total Time Allotment: (Hours) All Environmental Education r Cultural / Historic Education r Other Education Total Course hours not including Meals / Travel: 12.00 11. EVALUATION: A. NASBLA approved test: Yes r: No B, If no NASBLA-Approved Testing, please answer the following: We conduct a test that includes both a written exam and on -the -water skill evaluation. We use another comprehensive written test to determine course pass/fail and/or advancement to next level. We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. f We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test With Keelboat 1, instructors are certain to qualify a sailor before or skills evaluation they move on to Keelboat 2. There are a number of reasons for this, including the fact that the keelboat is bigger, less maneuverable than a dinghy and once it's moving carries a lot of momentum. Bigger mistakes can typically be made on a keelboat. So the instructor will ascertain if a student is comfortable with rigging, familiar with all the lines aboard, absolutely can demonstrate control in the boat, from slowing and stopping to docking without coming in with heat. Students must demonstrate man overboard drills, proper sailing technique on all points of sail, as well as show they have a basic understanding of the rules of the waterway. Keelboat 2 is a big jump, so instructors will not recommend a student for that class unless they've demonstrated Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 54 of 84 Exhibit A that they are a well-rounded, confident sailor. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? This class has been classified as a beginner class in the past, but during this particular year under UCI, it was labeled as a class that needed the Beginner Sailing - Keelboat class as a pre -requisite. The City will assess the need and demand for the currently existing schedule of Intro to Sailing - Keelboat, Beginner Sailing - Keelboat and Keelboat 1 class. The introductory keelboat classes are taught in the City's RS Ventures. These boats have a lower profile, and an instructor, if needed, can be in the boat with the student, reducing anxiety and adding to overall control of the boat. However, typically in the Keelboat I class, the instructor coaches from a coach boat. Thus, in order to sail the J22s, the student must already possess an overall knowledge of how to sail safely. The target audience for this class is the person who wants to sail independently around the bay. This person has already taken some sailing classes so understands sailing fundamentals, but is ready to build upon their base knowledge. These are the students who have enough confidence to do this, but definitely need more time in a boat to fully understand the complexities of navigating a harbor in a heavy boat. And the J22 is a heavy boat. It takes time to gain headway and steerage and it take time to slow momentum. Students in this class learn how to have control over a heavy keelboat, learning about the sails and how the jib and mainsail effect steerage. They learn how the boat is most effectively sailed with appropriate balance of sail pressure and heel, going upwind as well as downwind. The concept of weather helm is discussed, along with feathering and main control. Instructors teach about the functions of differnet parts on the boat like jib leads, telltales, cunningham, outhaul, boomvang - and overall sail shape. They teach the rules of the road and how best to approach other traffic on the bay. Departing from the dock and into traffic and returning safely to the dock - in a heavy boat that can't simply be back -winded - are also critical components to the curriculum. Also, the spinnaker is introduced, teaching students how to manage a third sail safely. Typically, on any body of water, you can rely upon the sailors to be the safest demographic of boater. Why is that? Sailing is a cerebral sport. You can't just move a throttle to make the boat speed, but you must have actual knowledge of scientific and mathematical facts to have a successful sail. Thus, by producing educated and competent sailors, the City is producing more boaters who will be responsible on the water. Aquatic Grant Curriculum Check Sheet (7) 1. Course Title 2. Course Location (Body of Water): 3. Type of Water: Lake - Calm Keelboat 2 Newport Harbor ' Lake - Choppy Coastal Waters - Some Waves, or River - Class 1-2 Rough 4. Type of Activity: I; Sailing r Windsurfing Motorboat PWC r Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe Coastal Waters - Protected Harbor, Calm Water River - Class 3 and Above F_ Tow Sport r Rowing r SUP r Rafting Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 55 of 84 G 6. 7. L•7 9 Exhibit A Course developed by r Aquatic Center r ACA r US Sailing / ASA r US Sailing / ASA Powerboating r NASBLA Approved r Other Course Prerequisites: Keelboat 1 Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Instructor Level I Other Instructor Certifications US Sailing Instructor Level I Length that a single student spends in this 4 Total Hours 12.00 Course (Days): BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply PFDs (types and fitting) I✓ Proper Clothing / Sunscreen / Hydration Swim / Water Comfort Check i✓ Communication Methods Emergency Procedures I✓ Weather Conditions r Hypothermia Precautions r Water Conditions and Hazards Accident Reporting Float Plans Boating Safety Related STEM / STEAM Boating Under the Influence r Other: B. NAVIGATIONAL RULES & AIDS Check all that apply I✓ Right of Way r'�' Buoys/Channel Markers r Local Rules r Other: C. VESSEL OPERATION/ HANDS-ON TRAINING Check all that apply f" Equipment Orientation I✓ Practical Application Skills P' Technique & Maneuvers r" Rigging F_ Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS 1.75 Total Time Allotment: (Hours) 1✓ Signals/Signs/Lights t✓ Collision Avoidance r Safe Speed 8.50 Total Time Allotment: (Hours) Care of Equipment r MOB/Capsize Drills Boarding / Disembarking Boating Related Learning Games 0.25 Total Time Allotment: (Hours) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 56 of 84 Exhibit A Check all that apply F Non -Boating Safety Related STEM/STEAM r Non -Boating Related Learning Games !� Toxic Products F Other: Total Course hours not including Meals / Travel 11. EVALUATION: r All Environmental Education F0_ Cultural / Historic Education r Other Education 12.00 A. NASBLA approved test: r- Yes r No B, If no NASBLA-Approved Testing, please answer the following: f` We conduct a test that includes both a written exam and on -the -water skill evaluation. f We use another comprehensive written test to determine course pass/fail and/or advancement to next level. r We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. (_ We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test Generally speaking, Keelboat 2 is the class that a student must or skills evaluation successfully complete before they're allowed to take a ratings test to qualify to rent our keelboats. Students from Keelboat 2 will take the on -water skill evaluation and written test. So instructors, again, are asking themselves, "Would I let this student use my personal boat to go sailing alone?" Instructors will be looking for the following skills on the water: rigging and de -rigging excellence, complete understanding of each piece of equipment on the boat and its purpose, knowledge of all the lines on the boat, proper sail trim, ability to sail in breeze by feathering and appropriate sail trim to heeling angle, thorough understanding of rules of the road, ability to perform rescue within three boat lengths and 30 seconds, safe approach to leaving and returning to the dock, all boating safety material covered in the class and overall sense of competence and confidence on the water. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 57 of 84 Exhibit A Description: This 4 -session advanced class is ideal for competent keelboat sailors interested in learning advanced boat handling, crew work, spinnaker use, sail trim and shape, taking and gybing on our J/22 keelboats. The Keelboat 2 class is the most advanced class that the City offers. Students either come to this class as experienced sailors or they work their way through the City sailing classes to achieve their goal. This class builds upon all the skills and knowledge students have learned previously, really honing much more qualified boaters. Instructors delve much more deeply into specific techniques and philosophies, teaching more advanced concepts of reading the wind, speed and control of the boat, and overall safe boat handling. Weather permitting, these students venture into the ocean for lessons on outside conditions, how to sail in waves, emergency options, communication and safety offshore. Spinnaker use is focused upon, building upon experience flying the chute and foredeck work. Students are taught how to safely and courteously navigate a bay that might be crowded, especially when using a spinnaker. The overall goal of this class is to create independent sailors whom we would trust taking out our own personal boats. Aquatic Grant Curriculum Check Sheet (8) 1. Course Title Parent & Me Sailing 2. Course Location (Body of Newport Harbor Lead Instructor Certifications Water): Other Instructor Certifications US Sailing Instructor Level I 3. Type of Water: r Lake - Calm Lake - Choppy r' Coastal Waters - Protected Harbor, Calm Water f Coastal Waters - Some Waves, or River - Class 1-2 River - Class 3 and Above Rough 4. Type of Activity: Sailing Windsurfing Motorboat r PWC Tow Sport r Rowing Kayak -Sea Kayak -WW Kayak -S on T r Canoe SUP Rafting 5. Course developed by Aquatic Center r ACA r US Sailing / ASA r US Sailing / ASA Powerboating r NASBLA Approved r Other 6. Course Prerequisites: None 7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Instructor Level I Other Instructor Certifications US Sailing Instructor Level I 8. Length that a single student spends in this 1 Total Hours 3.00 Course (Days): 9. BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 58 of 84 Exhibit A A. GENERAL EDUCATION Check all that apply (✓ PFDs (types and fitting) r Swim / Water Comfort Check r Emergency Procedures r Hypothermia Precautions r Accident Reporting r Boating Safety Related STEM / STEAM r Other: B. NAVIGATIONAL RULES & AIDS Check all that apply f'_'o Right of Way P Buoys/Channel Markers r Local Rules r Other: C. VESSEL OPERATION/ HANDS-ON TRAINING Check all that apply Equipment Orientation Practical Application Skills Technique & Maneuvers P Rigging r- Other: 10 NON -BOATING SAFETY EDUCATION ELEMENTS Check all that apply Non -Boating Safety Related STEM/STEAM f Non -Boating Related Learning Games Toxic Products Other: Total Course hours not including Meals / Travel: 11. EVALUATION: 0.50 Total Time Allotment: (Hours) Proper Clothing / Sunscreen / Hydration Communication Methods Weather Conditions Water Conditions and Hazards l✓ Float Plans W" Boating Under the Influence 0.75 Total Time Allotment: (Hours) r Signals/Signs/Lights I✓ Collision Avoidance Safe Speed 1.50 Total Time Allotment: (Hours) Care of Equipment MOB/Capsize Drills Boarding / Disembarking r Boating Related Learning Games 0.25 Total Time Allotment: (Hours) All Environmental Education r Cultural / Historic Education Other Education 3.00 A. NASBLA approved test: f- Yes f:• No B. If no NASBLA-Approved Testing, please answer the following: We conduct a test that includes both a written exam and on -the -water skill evaluation. f We use another comprehensive written test to determine course pass/fail and/or advancement to next level. We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 59 of 84 Exhibit A r•' We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. i We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test Because the Parent and Me Class is for adults and their children, or skills evaluation there is no assessment in terms of moving a student up to the next class. This class is designed around safety and fun. It's a simple introduction to sailing or an opportunity for a parent who sails to share the sport with their children. There is no class that follows this class and, in fact, many participants repeat this class just because it is so much fun. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Description: This 1 -day class is perfect for any adult who wants to explore sailing with their child in a relaxed and safe environment. Learn the basics of sailing on either a 14' dinghy or 22' keelboat, accompanied by an instructor who will guide you through safe sailing in Newport Harbor. Although the students in this class do not proceed on to anther class, it is a great class for conveying boating safety information. It is an introductory class, and an opportunity for parents to learn to sail with their children or to share their love of the sport with their kids. Each boat that goes out has an instructor on board, so there is constant communication about boating safety tips. Instructors allow the students to do the work in the boat. They are tasked with driving and working the sheets, learning the entire time about sailing, the bay, our environment, our sea creatures, our birds, right of way, other boats, steering and understanding the overall dynamics of sailing. And all of the teaching is disguised by the fun of being on the water! The instructors teach to the level of the children, so that they can understand, but provide more advanced information to the parents, so that they leave the class having learned a lot as well. Aquatic Grant Curriculum Check Sheet (9) 1. Course Title 2. Course Location (Body of Water): 3. Type of Water: r Lake - Calm Sailing Camp Newport Harbor Lake - Choppy / Coastal Waters - Some Waves, or r River - Class 1-2 Rough 4. Type of Activity: (r Sailing Windsurfing r Motorboat r PWC r Kayak -Sea r Kayak -WW r Kayak -S on T r Canoe 5. Course developed by Aquatic Center r ACA r US Sailing / ASA Powerboating r NASBLA Approved f' Coastal Waters - Protected Harbor, Calm Water River - Class 3 and Above r Tow Sport r Rowing r SUP r Rafting r US Sailing / ASA r Other Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 60 of 84 Exhibit A 6. Course Prerequisites: None 7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course. g. Length that a single student spends in this Instructor Type Certifications of Lead Instructor and Other Instructors 9. BOATING SAFETY EDUCATION ELEMENTS Lead Instructor Certifications US Sailing Instructor Level I include time spent on meals or travel) Other Instructor Certifications US Sailing Instructor Level I Check all that apply g. Length that a single student spends in this 5 Total Hours 15.00 Course (Days): 9. BOATING SAFETY EDUCATION ELEMENTS COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel) A. GENERAL EDUCATION 1.50 Total Time Allotment: (Hours) Check all that apply r PFDs (types and fitting) r Proper Clothing / Sunscreen / Hydration Swim / Water Comfort Check r Communication Methods Emergency Procedures f_ Weather Conditions Hypothermia Precautions Water Conditions and Hazards Accident Reporting r Float Plans Boating Safety Related STEM / STEAM r Boating Under the Influence r Other: B. NAVIGATIONAL RULES & AIDS 2.00 Total Time Allotment: (Hours) Check all that apply r Right of Way Signals/Signs/Lights W Buoys/Channel Markers I✓ Collision Avoidance P' Local Rules Safe Speed C` Other: C. VESSEL OPERATION/ HANDS-ON 10.50 Total Time Allotment: (Hours) TRAINING Check all that apply r Equipment Orientation ('4 Care of Equipment W" Practical Application Skills MOB/Capsize Drills r Technique & Maneuvers Boarding / Disembarking r Rigging Boating Related Learning Games r Other: 10 NON -BOATING SAFETY EDUCATION 1.00 Total Time Allotment: (Hours) ELEMENTS Check all that apply r Non -Boating Safety Related STEM/STEAM l✓ All Environmental Education r Non -Boating Related Learning Games Cultural / Historic Education Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 61 of 84 Exhibit A r Toxic Products Other: r— Other Education Total Course hours not including Meals / Travel: 15.00 11. EVALUATION: A. NASBLA approved test: r- Yes f: No B, If no NASBLA-Approved Testing, please answer the following: We conduct a test that includes both a written exam and on -the -water skill evaluation. We use another comprehensive written test to determine course pass/fail and/or advancement to next level. f' We don't offer a written test, but there is an on -the -water skills based test given to determine course pass/fail and/or advancement to next level. We have an informal type of on -the -water skills assessment, but it is not used to advance the student or determine a pass/fail grade. r' We have no evaluation methods. C. If you selected 11 B, 1-4, describe the test Our youth camps are our most popular class, with hundreds of or skills evaluation children registering during the summer. These camps run five days a week, and children are taught all the basics of boating safety. They know that they don't go on the water or even on the docks without wearing a properly fitted lifejacket. It becomes second nature, and they leave class just knowing that's the way it's supposed to be for everyone. They become good influencers for adults. While there has been no official evaluation in this class, the campers do get a certificate of completion at the end of camp, signed by the instructors. Moving forward, as with all our other classes, we will start an official testing system. Clearly the instructors are constantly assessing their campers' ability in order to best group them in the types of activities, based on their ability. 12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A -C are integrated into the course, and the best takeaways for students that support improvements to boating safety. Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 62 of 84 Exhibit A Description: This week-long summer camp is the perfect introduction for any children looking to learn how to sail in beautiful Newport Harbor. Campers will learn to sail in a variety of different sailboats, including 8' Sabots, 14' RS Quests, and 22' J22s. Instructors will work with campers to develop safe sailing skills and confidence, with the ultimate goal to have campers sailing comfortably on their own. Campers will also explore Newport Harbor in kayaks and stand-up paddleboards, weather permitting. These camps are very popular during summer, as well as our after school sailing classes (6-7 week -sessions, by quarter) throughout the year. The summer camps are week-long camps, morning or afternoon, with a team of instructors who teach boating safety through fun to 6 -16 -year-olds. Campers are taught according to their individual level of boating knowledge - from the beginning to the more advanced, returning camper. Campers learn sailing fundamentals, boating safety and how to paddleboard and kayak safely. Most importantly, students are taught respect for the water and other boaters, the basics of boating safety, how to navigate Newport Harbor, wind and current directions, rules of the road, and the importance of lifejackets. The City has coached students from all over the world, not just locals, although we have plenty of those. Students come from Saudi Arabia, China, Spain, France - and many of them return from year to year. We let our campers come up with their list of rules at the beginning of camp and, invariably, they all decide upon "safety" as the number one rule, closely followed by "fun." Under safety, the children come up with wearing lifejackets, listening to instructors, respecting the environment including the sea creatures, always being aware of surrounding boats, keeping clear of other boats but waving in a friendly manner, being aware of weather and current conditions, and always wearing proper sailing gear. Games are played that teach water and boating safety. Our swim assessment is not called that but, instead we create a relay race, so that kids on their first day of class aren't terrified of a swim assessment. Instead, we have a fun swim relay race, in lifejackets of course, out to instructors who are standing by in kayaks. Because it's a game, the students don't realize they're being assessed for their individual water safety, but instructors are watching closely and quickly determine which students might not be equally as comfortable or capable in the water. We don't push any campers who are timid, but let them ease into the water at their own speed. Later in the camp, one of the most popular learning exercises is the flip test. We have a safety boat standing by, only place a couple of children at a time in a Quest, position the Quest in the lee of a remote area away from traffic, and slowly the instructor rolls the boat over. Children are seated on the leeward side and gently "slip" into the water, while the coach climbs over the dry side to the centerboard and rights the boat. This exercise is the most popular thing by the end of camp, with children, sometimes the most timid, knowing precisely what to do in the event a sailboat capsizes. In the first few days of camp, we do not automatically put children in sabots alone without an instructor. Our philosophy is that it can be overwhelming, even for adults, to learn alone, let alone a child. We believe that's why so many children wind up leaving sailing - because of frustration and fear. They're shoved off the dock, alone and without the proper knowledge, get stuck in irons, get hit in the head with the boom, and then never want to venture out again. So our students learn to sail in a boat with an instructor. As they become comfortable and qualified, they are rewarded with getting to sail in a sabot alone - which becomes a huge motivator to learning and is viewed as the ultimate reward in camp. And by planting that desire in the children to sail indepedently, we have succeeded in creating sailors who have been trained in all aspects of boating safety and who will continue their adventure (and positively influence others) on the water. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 63 of 84 Exhibit A Line Item Qty Rate Units UOM Extension Total DIRECT EXPENSES Program Expenses 1 Equipment Safety Boat 2.0000 20000.000 0.000 EA 40,000.00 40,000.00 Notes : The two Zodiak Pro Classics 420 are rigged with Yamaha F25HP engines. There is an upgrade to Hypalon, which we would need for durability, as the UCI boats had this. That is an extra $1990 per boat. The listed price on the attached invoice is for:$39,687, however with the added cost of Hypalon ($3980), it brings the total cost to $43,667.53. Estimate includes: sand, prime and paint bottom installation of bow lift eyes for sling prop guards installed sunbrella cover DMV vessel registration 2 Scholarships 3 Instructor Training 4 Boating Safety Events Total Program Expenses 40,000.00 40,000.00 TOTAL DIRECT EXPENSES 40,000.00 40,000.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs Total Indirect Costs 0.00 0.00 TOTAL INDIRECT EXPENSES 0.00 0.00 TOTAL EXPENDITURES 40,000.00 40,000.00 Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 64 of 84 Exhibit A Category Extension Total Narrative DIRECT EXPENSES Program Expenses 1 Equipment 40,000.00 40,000.00 2 Scholarships 0.00 0.00 3 Instructor Training 0.00 0.00 4 1 Boating Safety Events 0.00 0.00 Total Program Expenses 40,000.00 40,000.00 TOTAL DIRECT EXPENSES 40,000.00 40,000.00 INDIRECT EXPENSES Indirect Costs 1 1 Indirect Costs 0.00 0.00 Total Indirect Costs 0.00 0.00 TOTAL INDIRECT EXPENSES 0.00 0.00 TOTAL EXPENDITURES 40,000.00 40,000.00 Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 65 of 84 EXHIBIT B Aquatic Center Grant Special Terms and Conditions References to "Division" shall refer to Department of Parks and Recreation, Division of Boating and Waterways. The Grantee is responsible for complying with these provisions for the entire term of the Agreement listed on the grant agreement cover page. The Division shall provide the Grantee a sum not to exceed the amount specified in this Agreement for the purchase of equipment, scholarships, and/or instructor training for use in boating safety instructional programs in accordance with all Attachments incorporated herein. 2. This agreement is of no force or effect until signed by both parties. No reimbursement will be provided for work completed prior to the date the agreement is fully executed. 3. Administrative Overhead The grantee will only be reimbursed for administrative overhead costs as specified on the approved budget page of the grant agreement. Reimbursement requests for administrative overhead costs will not exceed the Grantee's current federally negotiated rate or a de minimus of 10 percent of direct costs identified in the grant application. 4. Grant Expenditures and Requesting Payments The Grantee shall complete purchases of vessels and equipment or conduct all classes, trainings, or events specified on the budget page of Exhibit A no later than May 31 2022. Completed requests for reimbursement must be received by the Division on or before July 15, 2022. 5. Changes to the Budget Page The Grantee will only be reimbursed for items specified on the approved budget page of the grant agreement. Any modifications to the budget page(s) must be approved by the Division. The Grantee must submit a letter to the Division stating the reasons for the requested modification accompanied by a modified budget page. The Division must approve the modifications in writing before any reimbursement for expenditures reflected on the modified budget page is processed. Nothing herein shall require the Division to give their approval or to reimburse the Grantee for unapproved expenditures. 6. Invoicing Requirements All invoices from the Grantee must be submitted with the appropriate reimbursement claim form supplied by the Division. Items listed on the claim form must match a corresponding line item on the Grantee's budget page(s). The entire invoice including all applicable additional documentation listed in subsections A -D must be submitted to the Division. Acceptable documentation to show proof of payment includes: 1. Cancelled checks 2. Bank or credit card statement showing payment was provided to the vendor 3. Zero balance invoice for the vendor 4. Proof of Accounting Clearing House (ACH) or electronic transfer showing date, amount, and transaction confirmation number Additional Documentation Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 66 of 84 A. Equipment Reimbursement Payment Request Reimbursement requests for purchased equipment shall include: 1. Equipment reimbursement claim form 2. Manufacturer/dealer invoices. 3. Proof of payment B. Scholarship Reimbursement Payment Request Reimbursement requests for scholarship expenses shall include: 1. Scholarship reimbursement claim form 2. Student Rosters showing scholarship distributions that include either: Sign -in sheet that includes the name, date, and cost of the course, participant names, email or phone number, and signature of attendee. The Division agrees not to release the names of minor students. or Group Scholarship Roster that includes the name and date of the course, participant names, group name, leader/coordinator contact information that includes contact name, phone or email address, and signature of group leader certifying that the students attended the course. If contact information of the students or groups is not available or cannot be released, the contractor shall request alternate submittal instructions from the Division. C. Instructor Training Reimbursement Payment Request Reimbursement requests for instructor training shall include: 1. Instructor training reimbursement claim form 2. Receipts from the organization teaching the course that show the course name, student name, date conducted, and cost of the course. 3. Proof of payment. 4. Certificate of course completion. D. National Safe Boating Week Reimbursement Payment Request Reimbursement requests for National Safe Boating Week shall include: 1. National Safe Boating Week reimbursement claim form 2. Receipts for allowable expenses as described on the National Safe Boating Week information sheet. 3. Proof of payment 4. Documentation for staff hours worked will include the name of the employee, hourly rate, amount of pay, date worked, the name of the event, and signatures of both the staff member and the supervisor. If the grantee cannot produce a signed timesheet with this information, they shall request alternate instructions from the Division prior to the event. 7. For -Hire Operation Requirements Teaching boating safety for a fee, or offsetting that cost by using scholarship funds, is considered to be carrying passengers for hire or for consideration. The Grantee shall comply with both federal Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 67 of 84 requirements (Title 46 United States Code and specified in Titles 33 and 46 Code of Federal Regulations) and state requirements (Harbor and Navigation Code, Chapter 5, Article 3; California Code of Regulations, Title 14, Article 7) regarding for -hire vessel operation and will comply with those licensing requirements when applicable before utilizing any equipment or scholarship funding associated with this Agreement. Meeting Requirement The Grantee shall send a representative (boating program director, or other representative approved by the Division) to all days of one Aquatic Center Directors' Meeting annually during the term of the Agreement. Should the Grantee or representative be unable to attend the meeting, the Grantee must forward a letter to the Division stating the reason why they cannot attend and commit to attend the next meeting. The Division must grant approval in writing for the Grantee not to be in breach of this Agreement for failure to attend. Nothing herein shall require the Division to give its approval. 9. Performance Reports Unless other dates are designated by the Division, the Grantee shall submit annual reports to the Division due no later than December 10th each year for the prior federal fiscal year (October 1 - September 30) of the Agreement term. The report shall include program activities and enhancements, the number and demographics of the population served by the Grantee's program during the previous calendar year, photographs or pictures from the year's activities, equipment inventory of items on the Division's Inventory Form purchased with grant money if applicable. The Annual Report template will be available on the Division's website by October 31 st each year. 10. Equipment Titling, Use, and Disposition The Grantee agrees to use the equipment for the purposes authorized in the grant agreement for the entire term of the agreement or until the property is no longer needed. Title shall be vested with the Grantee. The grantee shall not sell or dispose of any equipment purchased in the agreement without approval from the Division. The Grantee shall request disposition instructions from the Division for equipment no longer needed in the Grantee's boating education program or that is no longer seaworthy. Selling or disposing of items purchased under this agreement without obtaining written approval from the Division may render the grantee ineligible in the future for grants under this program, as well as liable for repayment to the Division for the value of those items, or the sale price, whichever is higher. Physical possession of all items associated with or purchased under this agreement shall revert to the Division if the grantee defaults on any portion of this agreement. In such case of grantee's default, grantee is liable for all costs incurred by the Division in regaining physical possession of those items, including but not limited to court costs, attorney fees, and delivery costs. 11. Equipment Maintenance and Property Loss The Grantee shall be responsible for the costs of operating and maintaining grant -funded equipment; the Division is not liable for such costs. The Grantee agrees to repair or replace any equipment purchased under this Agreement if lost, stolen, or damaged. 12. Equipment Inventory The Grantee shall perform a physical inventory of all equipment purchased under this Agreement and reconcile the inventory with the property records at least annually to verify the existence, current utilization, and continued need for the equipment. Property records shall be maintained by the Grantee and submitted as part of the Grantee's annual performance report required in Paragraph 9 of this Exhibit using the Aquatic Grants Program's Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 68 of 84 inventory report form titled Equipment Inventory List that accurately provides: a. Description of the property, including the manufacturer, model, serial number or other identification number b. Property location, use, and condition. c. Cost of the property, and the percentage of the property that was part of the grant award. 13. Use of the Equipment Equipment purchased with funding granted under this Agreement shall be prioritized for use in the following order: 1) by students officially enrolled in the courses of instruction taught or provided by the Grantee; 2) by the Grantee for community/outreach events; 3) by members of the public through a DBW-approved equipment check-out program managed by the Grantee. A. The Grantee shall ensure that if making grant -funded equipment available to be checked out, whether for free or for a fee, by a student enrolled in, or who has previously been enrolled in one of the Grantee's boating safety courses, or checked out for use in competition as approved by DBW, that all such users have either, 1) successfully completed a boating safety course for that type of equipment through the Grantee's organization, or 2) demonstrated sufficient knowledge of applicable boating safety and navigational rules and laws and demonstrated safe and practical handling of the specific vessel being check-out before taking it on the water, or 3) received a basic boating safety check-out lesson and boating demonstration from qualified instructors including on -the -water guidance. The Grantee shall have a DBW-approved equipment check-out policy on file with DBW. The Grantee shall require the person checking out the vessel to sign a waiver stating that they have complied with one of the three safety requirements listed in this paragraph. B. All proceeds from the above-specified uses of equipment purchased in this Agreement shall stay vested within the Grantee's boating safety education program, and shall be used only to fund enhancements of and additions to the Grantee's boating education program. The Grantee shall keep specific and accurate records of all uses of equipment purchased with funds granted under this Agreement, and all fees collected for uses of equipment purchased in this Agreement as specified in subdivision (a), above. C. DBW shall have discretion to disapprove any course, course outline, or boating safety lesson plan of a Grantee before the Grantee proceeds with an equipment check-out program. The Grantee shall make any and all necessary changes to meet the DBW request. Approval shall not be unreasonably withheld. D. On no occasion shall the Grantee lend or sub -lease DBW grant -funded equipment to another person or entity for any purpose without prior approval from the Division. 14. Procurement When purchasing equipment and supplies, the Grantee shall ensure that they are in compliance with the purchasing requirements of 2 CFR200.320. A. Requirements for micro -purchases (items under $10,000) To the extent practical, the Grantee must distribute micro -purchases equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive quotations if the Grantee considers the price to be reasonable. B. Requirements for small purchases (items between $10,000 to $250,000) Price quotes must be obtained from 2-3 qualified sources. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 69 of 84 C. Procurement by noncompetitive proposals Procurement of items from a single source may be used when one of the following circumstances apply: 1.The item is only available from a single source. 2.The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. 3.The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals. 4.After solicitation of a number of sources, competition is determined inadequate. All estimates or documentation shall be retained by the Grantee. The Grantee agrees to maintain such records for possible audit for a minimum of 15 years from the commencement of this Agreement. 15. Record Keeping The Grantee agrees that the California Department of Parks and Recreation, the Division of Boating and Waterways, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee shall keep a record of all paperwork connected with this Agreement including, but not limited to, request for changes to the budget page, invoices from manufacturers or dealers for equipment and supplies purchased, proof of payment, scholarship class lists, requests for reimbursement and payments received from the Division regarding those requests and records of operation and maintenance of grant -funded vessels. Such records shall be available and open to the Division at all reasonable times for inspection and audit by any authorized representative of the Division. The Grantee agrees to maintain such records for possible audit for a minimum of 15 years from the commencement of this Agreement. 16. Termination In addition to the requirements listed in GTC (Exhibit C, Paragraph 7, Termination for Cause), The State reserves the right to terminate this Agreement subject to thirty (30) days written notice to the Grantee. In the event the Agreement is terminated prior to the expiration of the full term of the Agreement, ownership of all property purchased with funds from active agreements shall revert to the Division. In the event the agreement is terminated, the grantee will take the following steps: A. Within 15 days of receiving a notice of termination, the grantee shall forward an inventory list of all equipment purchased in this agreement and still retained by the grantee for inspection by the Division. The Division shall have 15 days to confirm its accuracy in writing. B. Within 30 days of receiving an inventory confirmation from the Division, the grantee shall have all vessels and equipment purchased in this agreement and currently retained by the grantee inspected by a licensed independent mechanic. The mechanic will certify in writing as to the condition of any equipment, noting any defects as well as the seaworthiness of vessels and equipment. The grantee will be responsible for expenses associated with equipment inspection activities. C. The grantee shall provide the written inspection detailed in 1.a. to the Division within 15 days of the inspection and request disposition instructions. The Division will respond within 30 days of receiving information detailed in 1.c. with instructions for disposition which may Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 70 of 84 include but is not limited to, the selling of vessels and equipment and returning proceeds to the Division, properly disposing of vessels and equipment in unsafe or unusable condition, or facilitating the transfer of usable equipment to other grantees in contract with the Division. The grantee will be responsible for all expenses associated with equipment disposition activities. 17. Amendment for Additional Time Subject to available funding and satisfactory performance, the Division shall have the option of extending the term and expenditure dates of the grant, if requested. The Grantee shall submit a written request and justification for extension to the Division. If the proposal is satisfactory, the Division may award the Grantee additional time. 18. Release of copyrighted material pursuant to Public Records Act request Any and all information, writings, reports, maps or materials generated or produced pursuant to this Agreement, whether in electronic, written, or any other format, are subject to disclosure by the California Department of Parks and Recreation, Division of Boating and Waterways (Division) pursuant to the requirements of the California Public Records Act (PRA), Government Code section 6250 et seq., notwithstanding any copyright claims that may attach to such information, writings, reports, maps or materials. Any disclosure of such copyrighted material by the Division pursuant to the PRA shall not give the person or persons receiving such copyrighted information, license to violate the copyright, and any PRA requester who receives copyrighted material pursuant to PRA disclosure by the Division shall be informed of that fact. The Grantee understands and agrees that it shall not be entitled to any additional compensation from the Division if any of the information, writings, reports, maps or materials generated or produced pursuant to this Agreement, whether in electronic, written, or any other format, are released by the Division pursuant to a demand for such information pursuant to the PRA. The Grantee hereby indemnifies and holds the California Department of Parks and Recreation, Division of Boating and Waterways harmless for any and all violations of copyright perpetrated by any persons who receive such copyrighted information, writings, reports, maps or materials generated or produced pursuant to this Agreement, whether in electronic, written, or any other format, that is released by the California Department of Parks and Recreation, Division of Boating and Waterways pursuant to a demand for such information pursuant to the PRA." 19. Use of Name and Publicity Neither Party will use the name of the other Party or its employees in any advertisement, press release, or publicity with reference to this agreement or any product or service resulting from this agreement, without prior written approval of the other Party except in the following manner: A. The State may publish a list of grant award recipients and amounts that include the grantee. B. The State may list the grantee on the Division's website in order to direct members of the public to boating courses given by the grantee. C. The State may publicize events given by the grantee associated with this grant award or related boating safety events. D. The grantee shall list a link on their website directing people back to the Division for other boating safety information. E. The State may list the grantee's name or information from annual reports on reports to the Legislature, the United States Coast Guard, or other internal reports within the CA Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 71 of 84 Department of Parks and Recreation. F. The grantee shall obtain model releases or other releases when appropriate for any photos submitted with reports required by this agreement. The Division may use submitted photos on their website, in brochures, or in other information. 20. Liability Waiver The grantee will require and keep on file a signed liability waiver for each student who uses grant - funded equipment or receives a grant -funded scholarship. 21. Proof of Tax -Exempt Status All grantees with non-profit status shall do the following: A. Submit a copy of their IRS letter recognizing their organization as tax exempt annually to the Division. B. Keep in good standing with the California Attorney General's Office. 22. Travel Expenses Travel costs will comply with the requirements listed in 2 CFR 200.474. The grantee will include a copy of their travel policy with all reimbursement requests for travel. If no policy exists, reimbursement thresholds will default to the Federal reimbursement rates. 23. Federal Funding Requirements This agreement is subject to the requirements listed in 2 CFR Part 200 (Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards) unless otherwise superseded by state or programmatic statute. The name of the federal agency, the prime award number, and the Catalog of Federal Domestic Assistance (CFDA) program number are listed herein: Agency (Required for federal funding source) Prime Agreement Number (if available) If Federal, CFDA Number United States Coast Guard 3320FAS200106 97.012 INSURANCE REQUIREMENTS 24. General insurance requirements applying to all policies A. Coverage Term Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the Division at least ten (10) days prior to the expiration of this insurance. Any new insurance must comply with the original terms of the grant. B. Policy cancellation or termination & notice of non -renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the Division. In the event The Grantee fails to keep in effect at all times the specified insurance coverage, the Division may, in addition to any other remedies, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. C. Deductible The Grantee is responsible for any deductible or self-insured retention contained within their insurance program. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 72 of 84 D. Primary clause Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. E. Insurance carrier required rating All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. F. Endorsements Any required endorsements requested by the Division must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. All policies or letters of self-insurance must use the CG -2010-1185 form or equivalent and include the following clause: The California Department of Parks and Recreation, Division of Boating and Waterways and the State of California, its officers, agents, employees, and servants are named as additional insured. In the case of the Grantee's utilization of subcontractors to complete the scope of work, the Grantee shall include all subcontractors as insured's under the Grantee's insurance or supply evidence of insurance to the Division equal to policies, coverages, clauses and limits required of the Grantee. Any proposed change in this status shall be reported to the Division prior to the change and may result in restrictions being imposed on the usage of the monies or equipment. G. Inadequate Insurance - - Inadequate or lack of insurance does not negate the Grantee's obligations under the Agreement. 25. Insurance Coverage Requirements A. Commercial General Liability The Grantee shall maintain general liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability. B. Vessel Insurance The Grantee shall maintain the necessary insurance for all vessels bought with the grant money and all vessels used in boating programs funded by grant money. C. Automobile Liability The Grantee must provide either (1) or (2) below: 1. If automobiles are used in the transportation of vessels or people involved in aquatic programs then the following coverage is needed: The Grantee shall maintain motor vehicle liability with limits required by State and Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 73 of 84 Federal statute but shall not be less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non -owned motor vehicles. 2. If automobiles are not used in the transportation of vessels or of people when carrying out the activities covered by this grant award, then the Non Use of Automobiles Proof of Insurance Waiver must be submitted. D. Watercraft Liabi The Grantee shall maintain watercraft liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft. E. Workers Compensation and Employers Liability The Grantee must provide either (1) or (2) below: The Grantee shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. In addition, the Grantee shall forward a Waiver of Subrogation. 2. If paid employees are not used to carry out the activities covered by this Agreement, then the Exemption of Workers Compensation must be submitted. 26. Self -Insurance The Grantee shall provide evidence of self-insurance. The Division reserves the right to request information concerning the grantee's ability to adequately self -insure. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 74 of 84 EXHIBIT C Aquatic Center Grant General Terms and Conditions GTC 04-2017 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 75 of 84 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 76 of 84 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 77 of 84 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Contract 4 C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 78 of 84 EXHIBIT D Aquatic Center Grant Contractor Certification Clauses -CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California. Grantee Agency Name (Printed): City of Newport Beach Federal ID Number: 95-6000751 By (Authorized Signature): Printed Name and Title of Person Signing: Date Executed: Executed in the County of: Orange CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 79 of 84 Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two- year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State. Failure to make a good faith effort may be cause for non -renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The Contractor agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that Grantee is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 80 of 84 For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410) 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 81 of 84 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 82 of 84 EXHIBIT E Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)). Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment). A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the sample Attachment). The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification requirements of bidders and proposers. Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3): We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States. OR 2. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. NIN 3. We currently have, or we have had within the previous three years, business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 10476. CERTIFICATION For # 3. Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 83 of 84 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California. Grantee Agency Name (Printed): City of Newport Beach Federal ID Number: 95-6000751 By (Authorized Signature): Printed Name and Title of Person Signing: Date Executed: Executed in the County of: Orange YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED Contract # C8965309, City of Newport Beach, Aquatic Center Grant FY 2020-21, Date: 02/01/2021 Page: 84 of 84