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HomeMy WebLinkAboutPATHWAYS TO ADVENTURE - 2007V% r `tx AGREEMENT TERMINATION Pleaft -cothis form when the attached agreement is no longer in effect. 0. v v) RetuM form o the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any ques ns.�3 c: The agreement wittbLJ(j ��QQf ba �, IVo. -/37 was completed on lqA?)l 1 C3"1 and final payment has been made. Department: Y-�- Signature: cf—,;�VOi-X 0VO6 Date: &I �fi l y City of Santa Ana Revised 3-2-07 Clerk of the Council INSURANCE ON FILE A-2007-137 WORK MAY PROCEED UNTIL INSURANCE EXPIRES /-.?7-P~ CLERK OFCOUNoCIL CONSULTANT AGREEMENT DATE: 6-z6- 7 THIS AGREEMENT made and entered into this 4`h day of June, 2007 by and between the Bass Federation dba Pathways to Adventure... an outdoor experience, aNon-Profit Public Benefit Corporation (hereinafter "Consultant"}, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of outdoor education to provide Adventure Days and Fishing outings for the City's leisure class program. B. Consultant represents that Consultant is able and willing to provide such services to the Ciry. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standazds as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide outdoor adventure and/or fishing classes for the City's leisure class program, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, The total sum to be expended under this Agreement shall not exceed $30,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards ofperformance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain instrance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the forth attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 To Consultant: Pathways to Adventure Steve Miller 27127 Cowpoke Court Corona, California 92883 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement aclrnowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Califomia. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 16. MISCELLANEOUS PROVISIONS a. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY ~~~ Clerk of the Council CITY OF SANTA ANA DAVID N. RE City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attomey By: Lau a heedy Assistant City Attorney THE BASS FEDERATION Doing Business As PATHWA"HS TO ADVENTi ecuf e Director Tax D# 33-0967448 EXHIBIT A PATHWAYS TO ADVENTURE SCOPE OF WORK Adventure Days • Sessions to be scheduled Tuesday through Thursday from 9:30 am m 3:00 pm. Sessions to begin after July 10th and continue until completed. Calendaz of events to be developed upon acceptance of a completed agreement. • A minimum of 50 and a maximum of 725 participants per session • Four sessions to be conducted at Oak Canyon Lake and three sessions to be conducted at Centennial Park Lake. • Includes a wide range of educational stations designed to introduce camping, hiking, backpacking, fishing, outdoor photography, orienteering (GPS/map and compass), and "Leave no Trace" principles • Includes all necessary displays and equipment for all participants as well as staffmg for proper instruction with supervision provided by City recreation staff. • Snacks and drinks provided to all participants • Fully stocked and maintained lake at Oak Canyon Lake Fishing License required for participants ages 16+ at Centennial Lake only Citywide Fishing Derby and Family Resource Fair • One special event to be scheduled on a Saturday in November at Centennial Lake for a maximum of 1125 participants. • Provides resource and information tables and interactive displays staffed by Pathways Ambassadors and industry professionals. • Includes a fishing toumamen[ with prizes and awards • Includes all necessary displays and equipment for all participants as well as staffing. • Fishing License required for participants ages 16+ "Fishing Coach"Days • Three sessions to be scheduled on Saturdays from 8:00 to 11:30 am during August through October at Centennial Lake for a maximum of 500 participants over the three sessions • Includes follow up coaching and instruction to practice fishing skills, including casting fish biology, environmental stewardship, equipment, bait, etc. • Fishing License required for participants ages 16+ Family Fishing Day • One special event to be scheduled on a Saturday in August or September a[ Centennial Lake for a maximum of 750 participants. • Stations and displays in al] areas of fishing instruction and conservation staffed by Pathways Ambassadors and industry professionals. • Instruction for families to be able to fish on their own and exposure to conserva[ioNpersonal environment stewardship ideals; Families rotate through vazious stations in a circuit fashion • Fishing License required for participants ages 16+ Special Needs Program • One special even[ to be scheduled in the spring at Oak Canyon Lake in conjunction with the Regional Center of Orange County and open to all Santa Ana residents. COMPENSAT/ON Total Cost: $30,000 - 50% payment due at execution ajcontnxcl in order that Contractor may purchase supplies. Four (4) additional payment oj$3750 each, shall be made on or before the I5"' of each succeeding month through November I5, 2007. 9 -000 ~ -- /3 ~ WORKERS' COMPENSATION DECLARATION I v~ _i~i~%~,~~Gyl~creby aff rm under penalty of pert ury> tie (Nsmc/Titlc) following declaration Telephone: ~~~-'~/ - ~~ (o ~ J i certify on behalf o~_g~~a that during the to f my (U m7auon NOmc) mays ~O ~/~`~~~~~~5 contract with the~~-°~~o / . Cify of Santa Ana. I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if i should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall. forthwith comply with those provisions. DATE: ~u ~ /S~Q?_C~O~ B N ~7 ~ ~ r f V %~ ~, y / ~~ ~-t~ ~~ ~ys To rJCil~u~~ GS S-'?J- a ~: itle: 1A~~~~ T WARNING: FAILURE TO SECURE WORKERS' COMf~ENSATION COVERAGE IS UNLAWFUL, AND Si-IAJ,,L SUBJECT AN ENIPI,OY~R TO CRIMINAL PENALTIES AND CIVIL NINES UP TO ONE T-1UNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO TIIE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SF.,CTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES_ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ABLISs CERTIFICATE OF INSURANCE °"'~°~"°~"' 1375179 6/22/07 PRODUCER THIS CERTIFICATE ~ iSSVEO AS A MATTER OF INFORMATION ONLY R & R Insurance GrOUp, IriC. ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE GOES NOT AMEND, EXTEND OR ALTER THE P.O. BOX 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. I 6801 W Fort ayne, n 4 COMPANIES AFFORDING COVERAGE INSURED COMPANY ~ NATIONWZAE LIFE INSURANCE COMP ETTER THE BASS FEDERATION, INC _ D/BJA TBF, INC. COMPANY B GREAT AMERICAN ASSURANCE COMPA AND ITS M$PIDER STATE FEDERATIONS (ETTER _, _,,,,__,,,,,.,_„ „_ 230D COLEMAN RORD __ COMPANY ~ PONCA CITY, OK 74604 ETTER COVERAGES THlS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LLS7E0 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED, NOIWITHSTANOING ANY REQUIREMENT, TERM OR CONDITNNI OF ANV CONTRACT OR OTHER pOCUMEN7 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIk. THE INSURANCE AFFORDED BY THE POLICIES ASCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. CO EFFECTIVE ~~~~ . TYPE OF INSURANCE POLICY NUNBER ATE DATE R.iAVDD'Yh LIMITS (af thousands) LTR Gehetal LiabiptY 12:01AM 12:O1AM Geser~Po~~ g NONE B (]Cannlercial General Liabiity PAC059293250i 1/27/09 1J29J08 PraaclaCamp'OpsAgglspate S 1000 [~Clallhs Made®Oafix. Personals Adrwtiehg lejery s 1000 [] Cwner's & emtraciora Pros. Exh Oocu:mK,s S 1000 ^ Fre C&mape(Myone fire) 3 300 Ms1acY Expense {Aey one peneon) 4 PmddPaM Lehi LiaNaFy S Autarrlo6Ne Lia6iGtY Combkled Sinab ^ama~a Llma s AW avned solos eaaM B SdKduled autos kaory g O Hhetl autos ~y O Non•omied I'C'Y f ©Gange LiatslKY Damage ^ S ^ E:c.ss ua4Sity ~„ Agnne~e Ottwr than UmWalla (arm g g Workrrs' CahpsnseNon Statutory anq § EachAxW~l Elrq~loyas~liabdty S DlseasaPdicytimil $ DlsaaetrEach Em 12:OlAM 12:OlAM ADSD S NONE A PaRk~ent SPX0002S32$00 1/27/07 1/29/08 Prima Medal $ NONE A~ ydgat E>xses Medical S 25 , w s x xD bESCRIPTION OF OPERATKKJSfl.OCA7tQN5tVEH~LES/ftESTRICTIONS/SPECLY ITBAS HW EVT PAT trsREACx/~ BR tH ~ _ _ SPfi A S @ ~ L E, J /07 OLDER C 1E% 3J CTS ED AS RE ADD INSU IS NAMED THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. CERTIF~ATE RIDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATtON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~Q_ DAYS ~+(JRPCTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO P ~ ~ i 1i~ /~„ri F n r : ~I~FiE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE CITY OF SANTA ANA NO OBLEGATION OR LIABILITY OF ANY I(IN UPON THE ITS AGENTS OR REP TAT( COMPANY 20 CIVIC CENTER PLAZA /1 , ( SANTA ANA, CA 92701 ..(.1 . ¢Sp REPRESENTATIVE 'a.u L.;ly Atio.'.c•, ._ SLR POLICY NUNN3ER: PA00000592932501 cofrtcfA>. taEENERAL L1aslLm CO 00 O7 18 t!1 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy resirid average. Read the enttra policy carefulty to determine rights, duties and what Is and is not covered. Throughout thks policy the words you' and your' rater to the Named Insured shown th the Dedaratlons, and arty other parson or organization qualNying as a Named In- sured under this poiicy. The words 'we", 'us' and 'our' refer to the ~romparry providing this insurance, The word 'Insured' means any person or organization qualifying as such under Section N -Who la An Insured. Other words and phrases that appear in quotation marks have spacial meaning. Refer to Section V -Definhions, SECTION 1-COVERAGES COVERAGE A 80DN.Y WJURY ANO PROPERTY DANIAGE LIABMY 1. fragxing Agreement a. We wiB pay those sums that the insured becomes tegaly obligated to pay as damages because of 'body injury' ar 'property damage' to which this insurance applies. We will have the right and duty to defentl the insured against any 'suit seeking those damages. However, we wilt have no duty to defend the insured against any 'suit' s~kt»g dam- ages far 'bodily injury' or 'property damage' to which this insuranoe does not apply. Wa may, at our disrxeGon, irnestigate any 'ocaarcence' and settle arty claim or'suh' that may result. But: (1) The amount ova will pay tot damages is limited as described in Section !N -Limits Of Insur- arx:e; and (2) Our right and duty io defend ends when we have used up lire applicable limit of insurance in the payment of judgments or settlements unr~r Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or per- form acts or services is covered unless expkchty provided for under Supplementary Payments - Covarages Aand B. h. This insurance applies to 'bodily injury' and 'prop- erty damage' only it (1} The 'bodtty Injury' or 'properly damage' is caused by an "oawrcerae' that takes place in ihe'rroverage tartitary'; (2) The'bodlly injury' or 'property damage' occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section N - VIRco Is An insured and no'employee' authorized by you to gWe ar recenra notice of an 'occurrence' ar claim, imew that the bodily injury' or'properly damage' had oxurced, in whole or in part. N such a listed in- sured of authorized 'employee' knew, prior to the policy period, that the 'bodty injury' or `property damage' occurred, then arty continua- tion, change or rasumptkm of such 'bodily in- jury' or 'properly damage' during or attar the policy period will be deemed to have beam known prior to the policy period. c. 'Bud'dy injury' or 'properly damage' which occurs during the policy period and was rat, Prior to the policy period, known to have occurred by any in- suredlisted under Paragraph 1. of Ssdfon N -Who Is An Insured or arty 'empkrysa' authorized by you to give or receive nott~ of an 'oxurcence' or claim, includes arty continuation, change or re- sumption of that 'bodily injury' or 'property dam- age' attar the end of the policy period. d. 'Bodty injury` or'propeAy damage' viii be deemed to have bean known to have orxxrrred at the earliest time when any insured listed under Paragraph 1. of Section it -Who is An Ir~ured or any `employee' authorized by you to give or recehre notice of an 'occurcenca' a Gaim: j1) Reports att, or any part, of the 'bodily injury' ar 'property damage' !o us or arty other insurer; (2) ReceNes a written or verbal demand or claim for damages because of the 'body injury' or 'property damage'; or (3) eeoomes swam by arty other means that 'bodily injury' or 'properly damage' has o~urred or has begun to occur. ~._ _ " . ~ ~ ..., , ~t_^v3 ._._____~f ~ J~f3 __ _.,__ .. . „>, ,«, i . co 00 of to of a Ise ProPartlaa. are., 2000 P.ga t of to 6. it a claim is made or 'suit' b .sought against arty insured, you must: (1) Immediately record the specifics of the daim or 'suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice o) the claim or'suit' as soon as practicable. c. You and any other involved insured must (1) Immediatey send us copies of any demands, notices, summonses or legal papers received in connection with the claim ar'suit (2) Authorize us to obtain records and other infor- mation; (tl) Cooperate with us in the investigation or setlle- ment of the claim or defense against the 'suit; and (4) Assist us, upon our request, in the enforcement of any right against arty person or organizaton which may be liable to the Insured Because of injury ar damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without ourconsant. 3. Legal Action Against U: No person or organization has a right under this Cov- erage Part: a. To join us as a party or otherwise bring us into a 'suit' asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been tulty cromplied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against sn in- sured; but we will net be liable for damages that era net payable under the forms of this Coverage Part or that are in excess of the applicable limit at insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. 4. Otlrer krarrarrc.. It ocher valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Goveraga Part, our obligations era limited as follows: w.;yy a. PNmary Inswrance ~d This insurance is primary except when b. below ap- plies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Than, we will share with all that other insurance by the method described in c. below. b. Excasa lnsurartce This insurance is excess over. (t) Any o1 the other insurance, whether primary, excess, contlngerrt or on any other basis: (a) That is Fira, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work'; (b) That is Flra insurance for premises ranted to you or temporarity occupied by you with permission of the owner, {t) That is insurance purchased b1' you to cover your liability as a tenant for 'property dam- age' to premises rented to you or temporer- ly occppied by you with permission of the owner; rn (d) if the loss arises out of the maintenance or use of aircraft, 'autos' or watercraft io the extent not subject to Exafusion g. of Section 1- Coverage A - Bodity Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have bean added es an additional insured by attachment of an endorsement. ____ ;~ 3~ ,.,,u~.i. ~,ty .1uor~:cv C6 00 07 70 01 OISO Proprrtirrs, kr0.. 2000 Prye 770176 CONSENT CALENDAR Motion: Receive and file. BOARD/COMMISSION VACANCIES WARD Community Redevelopment 1 Tenant Housing Commission Youth Commission -Alternate 2 3 & 5 Youth Commission Associate 6 1,3,4,5,6 & Mayor Youth Commission -Regular 1 1 Personnel Board 1 5 TOTAL 11 BOARDICOMMISSION EXPIRED WARD TERMS Historic Resources Commission 1 6 Human Relations Commission 1 At Large Library Board 1 Mayor Personnel Board 2 6 & Mayor Youth Commission -Alternate 1 4 TOTAL fi 13.6. EARLY PREVENTION AND INTERVENTION COMMISSION BYLAWS Motion: Receive and file the bylaws as adopted by the Early Prevention and Intervention Commission (EPIC). MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT -None 19.B. EXCUSED ABSENCES -None APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING ESTELLA R. SHULSE FAMILY TRUST BEQUEST FUNDS 25.J. AGMT N0. 2007-137 -OUTDOOR ADVENTURES PROGRAM - Wlth Pathways Adventure in an amount not to exceed $30,000 -Parks, Recreation and Community Services Agency Motion: 1. Approve an appropriation adjustment accepting Estella R. Shulse Family Trust bequest funds. {Item 20A) (Requires a5va affirmative votes) CITY COUNCIL MINUTES 191 JUNE 4, 2007 CONSENT CALENDAR 2. Direct the City Attorney to prepare and authorize the City Manager and the Council to execute an agreement for the Outdoor Adventures Program (Item 25J) MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7} NOES: None (0} ABSTAIN: None (0} ABSENT: None (0} SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accoMance with Requests for Council Action. (22.A, - 22.D.) 22.A. SPEC. NOS. 07-014 AND 07-047 -MULTI-.iET AND TURBINE WATER METERS - Award a contract to Aqua-Metric Sales Co. for cone-year period, with provision for one, one-year renewal, in the annual amount not to exceed $84,173. and award a contract to Performance Meter, Inc., for turbine water meters for aone-year period, with provision for one, one- year renewal, in the annual amount not to exceed $32,314 -Finance and Management Services Agency 22.8. SPEC. N0. 07-020 -BONE MIC AND SPEAKER HEADSETS -POLICE DEPARTMENT - Amend the contract with Television Equipment Associates to increase the aggregate limit by $20,000 for an annual amount not to exceed $30,000 -Finance and Management Services Agency 22.C. SPEC. NO. 07-021 - SURVEILLANCE EQUIPMENT - POLICE DEPARTMENT - Award a contract to Adaptive Digital Systems, Inc. in the amount of $25,052.88 -Finance and Management Services Agency 22.D. SPEC. NO 07-049 -COPIER MAINTENANCE AND SUPPLIES -Award a contract to Danka Office Imaging Company for atwo-year period in an annual amount not to exceed $50,000 -Finance and Management Services Agency CITY COUNCIL MINUTES 192 JUNE 4, 2007 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JIINE 4, 2007 TITLE: AGREF.l~NT WITS PATENiAYS TO ADVENTURE FOR AN OIITDOOR ADVENRRRES PROGRAM ct- - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amendetl ^ Ordinance on 1°` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolufion ^ Set Pu61ic Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Pathways to Adventure to provide an outdoor adventures program in an amount not to exceed $30,000. The Parks, Recreation and Community Services Agency is partnering with Pathways to Adventure to provide a program that introduces City youth to various outdoor activities, including camping, hiking, backpacking, fishing, outdoor photography, orienteering (GPS/map and compass), and "Leave no Trace" principles. The program will be conducted at Centennial Lake and Oak Canyon Lake in Irvine. The program will include seven Adventure Days, three at Centennial Lake and four at Oak Canyon Lake, one Fishing Derby and Family Resource Fair at Centennial Lake, three Fishing Coaching Days at Centennial Lake, and one Family Fishing Day at Centennial Lake. The program will be conducted from July through December and will involve up to 3,250 participants. The program will focus on providing youth and families with the training needed to develop proper fishing skills, and expose participants to important conservation and environmental stewardship ideals. Pathways to Adventure will furnish all necessary rods and reels and other required equipment. FISCAL IMPACT Funds will be available in the FY 2007-08 Recreation activity (account no. 11-275-6291). APPROVED AS TO FUNDS AND ACCOUNT: do Mouet, tive Director Rec and Com. Svcs. n,i~C! I,C.t t.r. /X2~ Francisco Gutierrez, Executive Director Finance & Mgt. Svcs. Agency~f 25J-1