HomeMy WebLinkAboutC-8285-1 - Services Agreement for Public Safety Helicopter SupportSERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF NEWPORT BEACH
This Services Agreement for Public Safety Helicopter Support ("Agreement") is made by
and between the City of Huntington Beach, a California Municipal Corporation ("Huntington
Beach") and the City of Newport Beach, a California Municipal Corporation ("Newport Beach")
based on the following:
A. Huntington Beach employs, maintains, trains and equips personnel capable of
responding to requests for public safety helicopter services from ground based public safety
personnel.
B. Newport Beach is responsible for providing public safety services within its
jurisdiction, which include public safety helicopter services.
C. Newport Beach requires the services of Huntington Beach to provide public
safety helicopter services to its land and residents.
TERM
This Agreement shall commence on the date it is last executed by a party and end on June
30, 2020 unless terminated earlier as set forth herein.
I
PURPOSE
1.01 The purpose of this Agreement is to provide public safety helicopter services to
Newport Beach's land and residents and for Newport Beach to pay an all inclusive flat rate per
hour for the cost of the services provided by Huntington Beach.
1.02 Nothing in this Agreement shall be interpreted to give Newport Beach a right to
services from Huntington Beach. Huntington Beach expressly retains all rights and powers to
direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities,
properties and personnel in providing public safety helicopter services to Newport Beach
pursuant to this Agreement. Newport Beach acknowledges and agrees that the efficient use of
public safety helicopter services requires a timely and prioritized response of a helicopter.
Newport Beach agrees that Huntington Beach will have the sole discretion to determine the
priori0 of calls for service and when an assignment of an air crew to a call will be terminated.
1.03 Notwithstanding anything in the Agreement to the contrary, Newport Beach
expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate
and control all equipment, facilities, properties and personnel in providing ground based public
safety services to its land and residents.
17-5838/159743/RLS 6/2/17/DO 1
II
SERVICES
2.01 Huntington Beach will furnish Newport Beach with public safety helicopter
services that will include a helicopter aircrew comprised of a pilot and tactical flight officer that
are both sworn peace officers and specially trained to conduct public safety helicopter services.
Huntington Beach and the helicopter aircrews retain the sole and exclusive discretion as to the
specific type, nature, timing and duration of the services performed pursuant to this Agreement.
2.02 Huntington Beach certifies that all helicopter aircrews providing public safety
helicopter services to Newport Beach under this Agreement currently possess, and shall maintain
for the life of this Agreement, all permits, licenses, certifications, and training required from any
federal, state or local governmental entity to provide public safety helicopter services.
2.03 In no event shall Huntington Beach or the helicopter aircrew be responsible for
the direction and control of ground based public safety personnel and equipment of Newport
Beach during the course and scope of the public safety helicopter services performed pursuant to
this Agreement.
2.04 In the event of a natural disaster or local or regional emergency, Huntington
Beach shall take all reasonable steps to provide Newport Beach with public safety helicopter
service that is dedicated to the exclusive use of Newport Beach. This shall include an obligation
on the part of Huntington Beach to "hold over" any on -duty and/or "call in" any off-duty
helicopter aircrew(s) or personnel necessary to provide Newport Beach with public safety
helicopter service that is dedicated to the exclusive use of Newport Beach. Additionally, in the
event of a natural disaster or local or regional emergency, Huntington Beach shall provide
Newport Beach with a first right of refusal to have public safety helicopter services prior to
allowing or releasing said public safety helicopter services to other governmental agencies for
use or deployment during said natural disaster or local or regional emergency.
III
3.01 Newport Beach shall pay Huntington Beach for the public safety helicopter
services provided on an hourly basis in accordance with the provisions of this Section.
Huntington Beach's total compensation for all services performed in accordance with this
Agreement shall not exceed Two Million Two Hundred Five Thousand Dollars and no/100
($2,205,000.00) without prior written authorization from Newport Beach. Furthermore,
Huntington Beach's total compensation in any single Fiscal Year (defined as July I" through
June 30`h) shall not exceed Seven Hundred Thirty-five Thousand Dollars and no/100
($735,000.00) without a prior written amendment.
Services Agreement For Public Safety Helicopter Support
2
3.02 Huntington Beach shall provide public safety helicopter services to Newport
Beach at an all inclusive flat rate as set forth in this Agreement. Newport Beach shall incur no
other direct or indirect costs or fees for the services provided by Huntington Beach under this
Agreement. Huntington Beach shall bill Newport Beach for all public safety helicopter services
provided under this Agreement in tenth of an hour increments.
3.03 Huntington Beach shall submit monthly invoices to Newport Beach describing the
public safety helicopter services provided in the preceding month. Huntington Beach will also
provide Newport Beach with a monthly statement detailing all calls for service and time spent on
routine patrol over Newport Beach's jurisdiction. The monthly statement shall include the
names of the helicopter aircrew who performed the services, a brief description of the services
performed and/or the specific task performed, the date the services were performed, the number
of hours spent on all services billed on an hourly basis in tenth of an hour increments.
3.04 Newport Beach's Chief of Police, or the Chief's designee (the "Chief'), shall
notify the Huntington Beach Air Support Unit Commander ("Unit Commander") within twenty
(20) days of receipt of the monthly statement of any disputed calls for service or time spent on
routine patrol over Newport Beach's jurisdiction. The Unit Commander and the Chief will
review the public safety helicopter service provided by Huntington Beach on an as needed basis
to ensure that it coincides with the service level desired by Newport Beach. The Unit
Commander and the Chief will be responsible for cooperatively resolving any disputes over
services provided under this Agreement and adjusting the service level to coincide with that
desired by Newport Beach.
3.05 Should Huntington Beach provide over Nine Hundred Sixty (960) hours of public
safety helicopter services to Newport Beach in any single Fiscal Year under this Agreement,
Huntington Beach acknowledges and agrees that it shall not receive any compensation for said
services without a prior written amendment.
3.06 Huntington Beach shall provide public safety helicopter services to Newport
Beach at an all inclusive flat rate of Seven Hundred Thirty-five Dollars ($735) per hour of
service for the first year of service. Commencing on January 1, 2018, the hourly fee for Air
Support Services shall be adjusted on July 1 of each year based on the change in the
Metropolitan Consumer Price Index. The change will be conducted using the "Consumer Price
Index for All Urban Consumers (CPI -U), for the Los Angeles -Riverside -Orange County,
California area; All items not seasonally adjusted, 1982-1984=100 reference base." The
adjustment will be based on the current contract rate using the January index of the current year
and the January index of the preceding year. The Huntington Beach Police Chief shall adjust the
fees set forth in the Agreement by such percentage change and rounded to the next highest dollar
amount. Should the Consumer Price Index be revised or discontinued, the Police Chief shall use
the revised or a comparable index as approved by the Huntington Beach and Newport Beach
City Council. In no event, however, shall the amount payable under this Agreement be reduced
below the Hourly Rate in effect immediately preceding such adjustment. The maximum
adjustment increase to the Hourly Rate, for any year where an adjustment is made pursuant to
this Section, shall not exceed five percent (5%) of the Hourly Rate in effect immediately
preceding such adjustment.
Services Agreement For Public Safety Helicopter Support
3
IV
NEWPORT BEACH DUTIES
4.01 Newport Beach shall pay Huntington Beach an all inclusive flat rate per hour for
the cost of the services provided by Huntington pursuant to Paragraph 3.01 — 3.06 of this
Agreement, for services provided by Huntington Beach under this Agreement. The public safety
helicopter services performed by the Huntington Beach shall be deemed to commence as of the
date and time the aircraft is dispatched to, or arrives over, the airspace of Newport Beach,
whichever occurs first. These services shall continue until the aircrew notifies Newport Beach
that the assignment is complete or that the assignment must be terminated due to a higher priority
assignment. Huntington Beach helicopter aircrew shall be responsible to notify Newport Beach's
dispatch center that the assignment is complete or that the assignment must be terminated due to a
higher priority assignment. Services performed by Huntington Beach aircraft for Newport Beach
shall be defined as:
A. A direct request for public safety helicopter services by Newport Beach where a
Huntington Beach aircraft is dispatched to or arrives over the incident
(operationally identified as a "D-1" call) or;
B. Any public safety call generated by Newport Beach and monitored by a
Huntington Beach helicopter aircrew in which the aircraft arrives over the
incident (operationally identified as a "D-2" call) or;
C. Routine patrol over Newport Beach's jurisdictional areas, in which case
Huntington Beach's aircrew shall notify Newport Beach's dispatch center
upon their arrival and depart from Newport Beach's jurisdictional area.
Newport Beach may authorize its ground based public safety supervision to cancel a
response by a Huntington Beach aircrew.
4.02 Newport Beach agrees to comply with the FAR Part 91 and Operations Manual
section 4085 in making calls for services, which establishes priority for calls to Huntington
Beach.
4.03 Newport Beach agrees to install within its communications/dispatch center any
radio equipment necessary to communicate directly with Huntington Beach on the designated
frequency (800 MHz Talk Group) agreed upon by Huntington Beach and Newport Beach. All
costs associated with said installation shall be paid by Newport Beach.
V
INDEMNIFICATION AND WAIVER
5.01 Newport Beach agrees that Huntington Beach should be fully protected from any
loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the
performance of services pursuant to this Agreement that is in excess of Huntington Beach's
requirement to carry and maintain certain policies of insurance and name Newport Beach as an
Services Agreement For Public Safety Helicopter Support
4
additional insured as set forth below in section VI. Subject to Huntington Beach's requirement
to carry and maintain certain policies of insurance and name Newport Beach as an additional
insured as set forth below in section VI, the provisions of this Agreement should be construed
and interpreted to provide the fullest possible protection to Huntington Beach. Newport Beach
acknowledges that Huntington Beach would not provide services in the absence of the
commitments of Newport Beach as specified in this Agreement. Huntington Beach
acknowledges that Newport Beach would not enter into this Agreement in the absence of
Huntington Beach's commitment and obligation to carry and maintain certain policies of
insurance and name Newport Beach as an additional insured as set forth below in section VI.
5.02 To the fullest extent permitted by law, Newport Beach shall defend, indemnify,
and hold harmless Huntington Beach, its boards, officers, agents and employees (collectively, the
"Indemnified Parties") from and against any and all claims (including, without limitation, claims
for bodily injury, death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any services provided under this Agreement including,
but not limited to, activities that relate in any way to this Agreement (including the negligent
and/or willful acts, errors and/or omissions of Newport Beach, its council members, officers,
agents, employees, and anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them) that is in excess of Huntington Beach's requirement to
carry and maintain certain policies of insurance and name Newport Beach as an additional
insured as set forth below in section VI. Notwithstanding the foregoing, nothing herein shall be
construed to require Newport Beach to indemnify the Indemnified Parties from any Claim
arising from the negligence or willful misconduct of the Indemnified Parties. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are applicable.
5.03 Huntington Beach shall defend, indemnify and hold harmless Newport Beach and
its officers, employees, contractors, agents and representatives, with respect to any claim, loss,
liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the
negligence or willful misconduct by Huntington Beach, including its boards, officers, agents and
employees, within the Newport Beach's jurisdiction. The obligation of Huntington Beach
pursuant to this section extends, without limitation, to any injury, death, loss or damage which
occurs within Newport Beach's jurisdiction and which is sustained by any third party, any
employee or contractor of Newport Beach and to such contractor's employees.
VI
INSURANCE
6.01 Without limiting Huntington Beach's indemnification of Newport Beach, and
prior to commencement of Work, Huntington Beach shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to Newport Beach.
Services Agreement For Public Safety Helicopter Support
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6.01.1 Proof of Insurance. Huntington Beach shall provide certificates of
insurance to Newport Beach as evidence of the insurance coverage required herein. Insurance
certificates and endorsement must be approved by Newport Beach's Risk Manager prior to
commencement of performance. Current certification of insurance shall be kept on file with
Newport Beach at all times during the term of this contract. Newport Beach reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Huntington Beach shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the Work hereunder by Huntington Beach, his agents, representatives,
employees or subconsultants. The cost of such insurance shall be included in Huntington
Beach's bid.
6.01.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key
Rating Guide, unless otherwise approved by the Newport Beach's Risk Manager.
6.01.3 Coverage Requirements.
6.01.3.1 Workers' Compensation Coverage. Huntington Beach shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least one million dollars ($1,000,000)) for Huntington Beach's
employees in accordance with the laws of the State of California, Section 3700 of the Labor
Code.
Any notice of cancellation or non -renewal of all Workers' Compensation policies must be
received by Newport Beach at least thirty (30) calendar days (ten (10) calendar days written
notice of non-payment of premium) prior to such change.
Huntington Beach shall submit to Newport Beach, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of Newport Beach, its officers, agents, employees
and volunteers.
6.01.3.2 Aircraft Liability Coverage. Huntington Beach shall maintain
commercial aircraft liability insurance in an amount not less than twenty-five million dollars
($25,000,000) per occurrence for bodily injury, personal injury, and property damage, including
without limitation, blanket contractual liability including war risk and premises liability
insurance to include property damages incidental to the operations of the named insured
6.01.3.3 Automobile Liability Coverage. Huntington Beach shall
maintain automobile insurance covering bodily injury and property damage for all activities of
the Huntington Beach arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit for each accident.
Services Agreement For Public Safety Helicopter Support
6
6.01.4 Other Insurance Provisions or Requirements. The policies are to contain,
or be endorsed to contain, the following provisions:
6.01.4.1 Additional Insured. Endorsement naming the City of Newport
Beach as respects the Aircraft Liability coverage with primary non-contributory and severability
of interest language.
6.01.4.2 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against Newport
Beach, its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Huntington Beach or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss. Huntington Beach hereby
waives its own right of recovery against Newport Beach, and shall require similar written
express waivers and insurance clauses from each of its subconsultants. This waiver of
subrogation extends to hull loss and property damage.
6.01.4.3 Enforcement of Contract Provisions. Huntington Beach
acknowledges and agrees that any actual or alleged failure on the part of the Newport Beach to
inform Huntington Beach of non-compliance with any requirement imposes no additional
obligations on the Newport Beach nor does it waive any rights hereunder.
6.01.4.4 Requirements not Limitin¢. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type.
6.01.4.5 Notice of Cancellation. Huntington Beach agrees to oblige
its insurance agent or broker and insurers to provide to Newport Beach with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
6.01.5 Timely Notice of Claims. Huntington Beach shall give Newport Beach
prompt and timely notice of claims made or suits instituted that arise out of or result from
Huntington Beach's performance under this Agreement.
6.01.6 Additional Insurance. Huntington Beach shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the Work.
VII
MISCELLANEOUS PROVISIONS
7.01 Each of the Parties to this Agreement shall immediately notify the other of any
litigation or claim that is asserted by or against either party regarding this Agreement. In the
Services Agreement For Public Safety Helicopter Support
7
event of any dispute or legal action arising under this Agreement, the prevailing party shall not
be entitled to attorney's fees.
7.02 Each of the Parties to this Agreement shall cooperate with one another in the
defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to
this Agreement, as well as any effort of Huntington Beach to collect money from persons or
entities responsible for any request for public safety helicopter services.
7.03 The public safety helicopter services provided by Huntington Beach under this
Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior
written approval of Newport Beach.
7.04 Each of the Parties to this Agreement may terminate this Agreement without
cause upon sixty (60) days prior written notice.
7.05 The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
7.06 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
7.07 This Agreement may be modified or amended only by a written document
executed by both Huntington Beach and Newport Beach.
7.08 The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise apply.
7.09 This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions herein.
7.10 A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different character.
7.11 Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out
without the prior written approval of Huntington Beach and Newport Beach.
7.12 This Agreement may be executed in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one instrument.
Services Agreement For Public Safety Helicopter Support
8
7.13 The Parties shall at their own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
7.14 The Parties each represent that they are an equal opportunity employer and they
shall not discriminate against any subcontractor, employee or applicant for employment because
of race, religious creed, color, national origin, ancestry, physical handicap, medical condition
marital status, sex, sexual orientation, age or any other impermissible basis under law.
7.15 All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Huntington Beach to Newport Beach shall be addressed to Newport
Beach at:
Attn: Chief Jon T. Lewis
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92658
Phone: 949-644- 3701
Fax: 949-718-1082
All notices, demands, requests or approvals from Newport Beach to Huntington Beach
shall be addressed to Huntington Beach at:
Attention: Robert Handy
Huntington Beach Police Department
2000 Main Street
P.O. Box 70
Huntington Beach, CA 92648
Phone: 714-536-5903
Fax: 714-536-5605
Services Agreement For Public Safety Helicopter Support
9
IN WITNESS WHERE OF, the parities hereto have caused this Agreement to be
executed on the dates written below.
CITY OF NEWPORT BEACH
Date:
ATTEST:
Date- 1,14,11
SCI F00.N.
City Clerk, C ty of Newport Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
, City of Newport Bei
CITY OF HUNTINGTON BEACH
Date: ?-/1-4v17
M41hof-ILUTtingto-11 131011
ATTEST:
Date: 9 —// — O/_7
&
City er City of Huntington Beach
APPROVED AS TO FORM:
OFFICE OF THE
Attorney, City of Huntington Beach
INITIATED AND APPR D:
Chief of Police, Huntingt n Beach Police
Department
REVIE&MI) A+_ND APPROVED:
CitynaLjer, City of Huntington Beach
Services Agreement For Public Safety Helicopter Support
10
CERTIFICATE NO.
CAWaATF (MM/IIID/YYYYI
WC -163
CERTIFICATE OF COVERAGE
06/28/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
CSACRIGHTS
Excess Insurance
UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS
Authority
CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the
PO BOX 6450
NEWPORT BEACH CA 92658-6450
Memorandums of Coverage must be endorsed. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE
LICENSE #OC36861
AFFORDED BY: A - See attached schedule of insurers
Member: COVERAGE
BIG INDEPENDENT CITIES EXCESS POOL (BICEP) AFFORDED BY: B
MEMBER AGENCY, CITY OF HUNTINGTON BEACH NB Public Works
ATTN: MICHELE CARR COVERAGE
2000 MAIN STREET AFFORDED BY: C
UL 30 hO�H
HUNTINGTON BEACH, CA 92648
COVERAGE
AFFORDED BY: D R0001Vind
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICIES.
CO
TYPE OF COVERAGE
MEMORANDUM/
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
POLICY NUMBER
DATE (MM/DD/YYYY)
DATE (MM/DD/YYYY)
A
EXCESS WORKERS'
See attached
07/01/2018
07/01/2019
WORKERS' COMPENSATION:
COMPENSATION &
Schedule of
Difference between
EMPLOYER'S LIABILITY
Insurers for policy
Statutory and Member's
numbers
$1,000,000 Retention
EMPLOYERS' LIABILITY:
Difference between
$5,000,000 and Member's
Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR SERVICES AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND CITY OF NEWPORT
BEACH FOR PUBLIC SAFETY HELICOPTER SUPPORT.
AMENDED CERTIFICATE CANCELS AND REPLACES CERTIFICATE DATED 6/28/2018
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS. PURSUANT TO ENDORSEMENT NUMBER U-4.
Cancellation
Certificate Holder
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
CITY OF NEWPORT BEACH
ATTN: LEILANI I. BROWN, CITY CLERK
AUTHORIZED REPRESENTATIVE
100 CIVIC CENTER DR
NEWPORT BEACH, CA 92660
CSAC EXCESS INSURANCE AUTHORITY
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION PROGRAM
2018/2019 SCHEDULE OF INSURERS
BIG INDEPENDENT CITIES EXCESS POOL (BICEP) MEMBER AGENCY, CITY OF
HUNTINGTON BEACH
PROVIDER
MEMORANDUM/
POLICY NUMBER
LIMIT
CSAC Excess Insurance Authority
EIA -PE 18 EWC-05
Workers' Compensation:
$50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accident/each employee
for disease
(Difference between $5,000,000 and the
individual member's retention)
Liberty Insurance Corporation
EW7-64N-444785-018
Statutory each accident/each employee
for disease excess of
$50,000,000
ENDORSEMENT NO. U-4
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the
Memorandum of Coverage is deleted in its entirety and replaced by the following:
VIII. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be
subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore,
and the Covered Party's shall execute all papers required and shall do everything that may be
necessary to secure such rights. Any amount recovered as a result of such proceedings, together
with all expenses necessary to the recovery of any such amount shall be apportioned as follows:
The Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance
then remains, said balance shall be applied to reimburse the Covered Party's. The expenses of all
proceedings necessary to the recovery of such amount shall be apportioned between the Covered
Party's and the Authority in the ratio of their respective recoveries as finally settled. If there should
be no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof
shall be borne by the Authority.
However, in the event of any loss payment under this Memorandum for which you have waived the
right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive
our right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
Effective Date:
Issued to:
Issue Date:
June 25, 2018
ALL MEMBERS
June 25, 2018
Authorized Represent ive
CSAC Excess Insurance rity
Memorandum No.: EIA 18 EWC-00
CERTIFICATE NO.
ISSUE DATE (MM/DD/YYYY)
WC -198
CERTIFICATE OF COVERAGE
1 06/24/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
CSAC Excess Insurance
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS
Authority
CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the
PO BOX 6450
NEWPORT BEACH CA 92658-6450
Memorandums of Coverage must be endorsed. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE
LICENSE #OC36861
AFFORDED BY: A - See attached Schedule Of Insurers
Member:
COVERAGE
CITY OF HUNTINGTON BEACH
AFFORDED BY: B
ATTN: DEANNA SORIA
COVERAGE
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
AFFORDED BY: C
OVERAGE
FFORDED BY: D
FA
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICIES.
CO
TYPE OF COVERAGE
MEMORANDUM/
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
POLICY NUMBER
DATE (MM/DD/YYYY)
DATE (MM/DD/YYYY)
A
EXCESS WORKERS'
See attached
07/01/2019
07/01/2020
WORKERS' COMPENSATION:
COMPENSATION &
Schedule of
Difference between
EMPLOYER'S LIABILITY
Insurers for policy
Statutory and Member's
numbers
$1,000,000 Retention
EMPLOYERS' LIABILITY:
Difference between
$5,000,000 and Member's
Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR SERVICES AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND CITY OF NEWPORT
BEACH FOR PUBLIC SAFETY HELICOPTER SUPPORT.
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS. PURSUANT TO ENDORSEMENT NUMBER U-4.
Cancellation
Certificate Holder
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
CITY OF NEWPORT BEACH
AUTHORIZED REPRESENTATIVE
ATTN: LEILANI I. BROWN, CITY CLERK
100 CIVIC CENTER DR
NEWPORT BEACH, CA 92660
��
CSAC EXCESS INSURANCE AUTHORITY
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION PROGRAM
2019/2020 SCHEDULE OF INSURERS
CITY OF HUNTINGTON BEACH
PROVIDER
MEMORANDUM/
POLICY NUMBER
LIMIT
CSAC Excess Insurance Authority
EIA PE 19 EWC-164
Workers' Compensation:
$50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accident/each employee
for disease
(Difference between $5,000,000 and the
individual member's retention)
Liberty Insurance Corporation
EW7-64N-444785-019
Statutory each accident/each employee
for disease excess of
$50,000,000
ENDORSEMENT NO. U-4
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the
Memorandum of Coverage is deleted in its entirety and replaced by the following:
VIII. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be
subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore,
and the Covered Party shall execute all papers required and shall do everything that may be
necessary to secure such rights. Any amount recovered as a result of such proceedings, together
with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The
Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance then
remains, said balance shall be applied to reimburse the Covered Party. The expenses of all
proceedings necessary to the recovery of such amount shall be apportioned between the Covered
Party and the Authority in the ratio of their respective recoveries as finally settled. If there should be
no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof
shall be borne by the Authority.
However, in the event of any loss payment under this Memorandum for which you have waived the
right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our
right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date:
Issued to: ALL MEMBERS
Issue Date: June 28, 2019
Authorized Represent tive
CSAC Excess Insurance y
Memorandum No.: EIA 19 EWC-00
CERTIFICATE NO.
ISSUF nATF !MM/nniyyYv)
WC -198
CERTIFICATE OF COVERAGE
06/24/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
SAC Excess Insurance
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS
Authority
CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the
PO BOX 6450
NEWPORT BEACH, CA 92658-6450
Memorandums of Coverage must be endorsed. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE
LICENSE #OC36861
AFFORDED BY: A - See attached schedule of insurers
Member:
COVERAGE
BIG INDEPENDENT CITIES EXCESS POOL (BICEP)
AFFORDED BY: B
MEMBER AGENCY, CITY OF HUNTINGTON BEACH
COVERAGE
ATTN: MICHELE CARR
2000 MAIN STREET
AFFORDED BY: C
HUNTINGTON BEACH, CA 92648
COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICIES.
CO
TYPE OF COVERAGE
MEMORANDUM/
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
POLICY NUMBER
DATE (MM/DD/YYYY)
DATE (MM/DD/YYYY)
A
EXCESS WORKERS'
See attached
07/01/2019
07/01/2020
WORKERS' COMPENSATION:
COMPENSATION &
Schedule of
Difference between
EMPLOYER'S LIABILITY
Insurers for policy
Statutory and Members
numbers
$1,000,000 Retention
EMPLOYERS' LIABILITY:
Difference between
$5,000,000 and Member's
Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR SERVICES AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND CITY OF NEWPORT
BEACH FOR PUBLIC SAFETY HELICOPTER SUPPORT.
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS. PURSUANT TO ENDORSEMENT NUMBER U-4.
Certificate Holder
Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
CITY OF NEWPORT BEACH
ATTN: LEILANI I. BROWN, CITY CLERK
AUTHORIZED REPRESENTATIVE
100 CIVIC CENTER DR
NEWPORT BEACH, CA 92660
CSAC EXCESS INSURANCE AUTHORITY
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION PROGRAM
2019/2020 SCHEDULE OF INSURERS
BIG INDEPENDENT CITIES EXCESS POOL (BICEP) MEMBER AGENCY, CITY OF
HUNTINGTON BEACH
PROVIDER
MEMORANDUM/
POLICY NUMBER
LIMIT
CSAC Excess Insurance Authority
EIA PE 19 EWC-05
Workers' Compensation:
$50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accident/each employee
for disease
(Difference between $5,000,000 and the
individual member's retention)
Liberty Insurance Corporation
EW7-64N-444785-019
Statutory each accident/each employee
for disease excess of
$50,000,000
ENDORSEMENT NO. U-4
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the
Memorandum of Coverage is deleted in its entirety and replaced by the following:
Vill. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be
subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore,
and the Covered Party shall execute all papers required and shall do everything that may be
necessary to secure such rights. Any amount recovered as a result of such proceedings, together
with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The
Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance then
remains, said balance shall be applied to reimburse the Covered Party. The expenses of all
proceedings necessary to the recovery of such amount shall be apportioned between the Covered
Party and the Authority in the ratio of their respective recoveries as finally settled. If there should be
no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof
shall be borne by the Authority.
However, in the event of any loss payment under this Memorandum for which you have waived the
right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our
right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date:
Issued to: ALL MEMBERS
Issue Date: June 28, 2019
Authorized Represent tive
CSAC Excess Insurance y
Memorandum No.: EIA 19 EWC-00