HomeMy WebLinkAboutC-7622-1 - MOU to Support the Fostering Interest in Nature ProgramMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
DUNES RESORT, LP
TO SUPPORT THE FOSTERING INTEREST IN NATURE PROGRAM
This Memorandum of Understanding ("MOU") is entered into on February 5, 2019,
("Effective Date") by and between the City of Newport Beach, a California municipal
corporation and charter city ("City") and Dunes Resort, LP, a California limited partnership
("Dunes"), through its duly elected, appointed, qualified, or acting representatives. The
Dunes and the City may hereinafter be referred to individually as "Party" or collectively as
the "Parties."
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. On February 17, 2016, the California Coastal Commission ("Commission") issued
to Olson Real Estate Group, Inc., d.b.a. R.D. Olson Development ("RD. Olson"),
corrected Coastal Development Permit (Permit Application No. 5-14-1785)
("Permit"), regarding the development taking place within the coastal zone at 3300
Newport Boulevard, Newport Beach, California, County of Orange, Assessor's
Parcel Number 423-111-02.
C. Pursuant to the Permit's Special Condition Number 6, Lower Cost Overnight
Accommodations Mitigation ("Special Condition No. 6"), on September 15, 2016,
the City entered into a Memorandum of Understanding ("Commission MOU") with
the California Coastal Commission, a California public agency ("Commission"), to
memorialize the Commission's acceptance of the City's intent to use the in -lieu
mitigation fee, for the purposes of providing lower-cost overnight accommodation
opportunities in conjunction with an outdoor youth educational program in the
vicinity of Newport Beach or greater Orange County ("Fostering interest in Nature
'FiiN' Program").
D. Pursuant to the Commission MOU, the Parties desire to enter into this MOU is to
set forth responsibilities in assisting with support of the City's Fostering Interest in
Nature Program ("FiiN Program").
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
1.1 The term of this MOU shall commence on the Effective Date and shall
terminate on November 30, 2023, unless terminated earlier by the Dunes by providing
thirty (30) calendar days' written notice to the City, or if by the City by providing seven (7)
calendar days' written notice, with or without cause, to the Dunes.
2. DUTIES OF THE DUNES
2.1 Dunes shall allow the City and any FiiN Program contractors to operate
components of the FiiN Program on designated Dunes property at no cost to the City or
FiiN Program contractors, specifically the area known as Camp James, as more
particularly described on the Newport Dunes Map in Exhibit A as "Camp James," attached
hereto and incorporated herein by reference.
2.2 Dunes shall provide, at no cost to the City or RN Program contractors,
bathroom and shower facilities at the Newport Dunes Marina in Buildings 3 & 4, as shown
on the Building Map in Exhibit B, attached hereto and incorporated herein by reference,
for RN Program participants and staff to use during a mutually designated block of time.
Dunes shall also allow RN Program staff use of laundry facilities for urgent program
related incidents through the duration of the RN Program.
2.3 Dunes shall provide, at no cost to the City or RN Program contractors, an
indoor meeting space for FiiN Program -related activities, in the event of inclement
weather, to accommodate up to forty eight (48) participants and staff.
2.4 Dunes shall provide food to be purchased by the City or FiiN Program
contractors at cost for the FiiN Program participants and staff.
2.5 Dunes shall provide, at no cost to the City or RN Program contractors,
dining space for breakfast, lunch, and dinner at the Dunes' Back Bay Bistro or other
location to be determined by Dunes for the duration of the FiiN Program according to a
mutually designated block of time for up to forty eight (48) participants and staff.
2.6 Dunes shall include existing security services, including active patrols in
and around the Camp James facilities during camp sessions to ensure the safety of FiiN
participants and staff.
2.7 Dunes shall allow City or FiiN Program contractors to use the Dunes logo
in promotional material, such as informational packets, apparel, and online materials.
Newport Dunes Marina, LLC MOU Page 2
3. DUTIES OF THE CITY
3.1 City shall operate the FiiN Program one season per calendar year between
February and May. City shall provide specific season commencement dates for the FiiN
Program season to the Dunes at least thirty (30) days prior to the first day of the first FiiN
Program session for each year. FiiN Program season will consist of up to ten (10) program
sessions, with each program session beginning on Tuesday morning and ending Friday
afternoon.
3.2 City shall provide a FiiN Program operations manual for the Program
season to the Dunes prior to the commencement of the first FiiN Program session.
3.3 City shall coordinate all facility needs and program scheduling for the FiiN
Program season with the Dunes at least thirty (30) days prior to the commencement of
the first FiiN Program session of each year. A sample FiiN Program schedule is attached
hereto as Exhibit C and incorporated herein by reference.
3.4 City shall request additional facility needs or changes with the Dunes at
least twenty four (24) hours in advance when inclement weather is imminent.
3.5 City shall order meals and provide quantities for FiiN Program season with
the Dunes prior to the commencement of the first FiiN Program session. City shall order
sufficient food to feed each student and staff related to the program for no more than ten
(10) meal periods for each program session (Tuesday -Friday), as follows:
(a) Three (3) breakfast meal periods (Wednesday, Thursday, Friday);
(b) Four (4) lunch meal periods (Tuesday, Wednesday, Thursday, Friday);
and
(c) Three (3) dinner meal periods (Tuesday, Wednesday, Thursday)
4. NOTICES
All notices, demands, requests or approvals to be given under the terms of this MOU
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third (3rd) 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 the Dunes to City shall be addressed to City at:
Attention: Recreation & Senior Services Director
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Newport Dunes Marina, LLC MOU Page 3
WITH A COPY TO:
Attention: Community Development Director
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
All notices, demands, requests or approvals from City to the Dunes shall be addressed to
the Dunes at:
Attention: Michael Gelfand
P.O. Box 9262
Rancho Santa Fe, CA 92067
4. INSURANCE
Without limiting the Parties' indemnification of one another, and prior to
commencement of any FiiN Program season, the Parties shall obtain, provide and
maintain at their own expense during the term of this MOU or for other periods as
specified in this MOU, policies of insurance of the type, amounts, terms and conditions
described in the Insurance Requirements attached hereto as Exhibit D, and incorporated
herein by reference. All policies, endorsements, certificates, and/or binders shall be
subject to approval by the City as to form and content. These requirements are subject to
amendment or waiver only if so approved in writing by the City. A lapse in any required
insurance coverage during this MOU shall be a breach of this MOU.
5. INDEMNIFICATION
Dunes shall indemnify, defend and hold harmless City, its elected and appointed
officers, employees, agents, volunteers, representatives, the City Council, boards and
commissions, hereunder ("Indemnified Parties") with respect to any loss, liability, injury or
damage that arises out of, or is in any way related to, the acts or omissions of Dunes, its
employees, representatives, officers and agents under this MOU; however, Dunes shall
not be required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
City shall indemnify, defend, and hold harmless Dunes, its officers, employees,
agents, volunteers, and representatives from any claim arising from the sole negligence
or willful misconduct of the Indemnified Parties.
6. STANDARD PROVISIONS
6.1 Recitals. The Parties acknowledge the Recitals in this MOU are true and
correct and are hereby incorporated by reference into this MOU.
Newport Dunes Marina, LLC MOU Page 4
6.2 Compliance with all Laws. 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.
6.3 Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
6.4 Integrated Contract. This MOU 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.
6.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this MOU and any Exhibit to this MOU, the terms of this MOU
shall govern.
6.6 Interpretation. The terms of this MOU 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 MOU or any other rule of construction which
might otherwise apply.
6.7 Amendments. This MOU may be modified or amended only by a written
document executed by both Parties and approved as to form by the City Attorney.
6.8 Severability. If any term or portion of this MOU is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this MOU shall continue in full force and effect.
6.9 Controlling Law and Venue. The laws of the State of California shall govern
this MOU and all matters relating to it and any action brought relating to this MOU shall
be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
6.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this MOU, the prevailing Party shall not be entitled to attorneys' fees.
6.11 Counterparts. This MOU may be executed in two (2) or more counterparts,
each of which shall be deemed an original and all of which together shall constitute one
(1) and the same instrument.
6.12 Authority to Enter Into Agreement. The Parties warrant that they are duly
authorized to enter into this MOU and perform their obligations hereunder, and have
received all necessary third party consents and approvals to perform such obligations.
[SIGNATURES ON NEXT PAGE]
Newport Dunes Marina, LLC MOU Page 5
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9
By: �/
'Aaron .Harp
City Attorney
ATTEST:
Date _�' 19-1
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date: 3 • 6. 11
r\
By:
ac .Leung
C
4y anager
DUNES RESORT, LP,
a California limited partnership
By DUNES RESORT, LLC,
a California limited liability
company
Its General Partner
Date 7
BY, .�_z
Michael Gelfand
Manager/Member
Date 0.2-1g11'7
By4A/-
Mich I -Silverrinarf
Manager/ Member
Attachments Exhibit A - Newport Dunes Map
Exhibit B - Building Map
Exhibit C - Sample FnN Program Schedule
Exhibit D - Insurance Requirements
Newport Dunes Manna. Ll. C MOU Page 6
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EXHIBIT B
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EXHIBIT C
SAMPLE MIN PROGRAM SCHEDULE
Newport Dunes Marina, LLC MOU Page C-1
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INSURANCE REQUIREMENTS
A. Provision of Insurance. Without limiting Parties' indemnification of one another,
and prior to commencement of HN Program season, the Parties shall obtain,
provide and maintain at their own expense during the term of this MOU, policies of
insurance of the type and amounts described below and in a form that is
satisfactory to City. The Parties agree to provide insurance in accordance with
requirements set forth herein. If Dunes uses existing coverage to comply and that
coverage does not meet these requirements, Dunes agrees to amend, supplement
or endorse the existing coverage.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
C. Dunes' Coverage Requirements.
Workers' Compensation Insurance. Dunes shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Dunes shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of City, its City Council, boards and
commissions, officers, agents, volunteers, employees and any person or
entity owning or otherwise in legal control of the property upon which the
Dunes performs the FiiN Program contemplated by this MOU.
2. General Liability Insurance. Dunes shall maintain commercial general
liability insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000) per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall
be twice the required occurrence limit.
The policy shall cover liability arising from products and completed
operations, property damage, bodily injury, personal and advertising injury,
premises, operations, sexual abuse and molestation with defense cost
included, and liability assumed under an insured contract (including the tort
Newport Dunes Marina, LLC MOU Page D-1
liability of another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed under a
contract.
3. Automobile Liability Insurance. Dunes shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Dunes 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 each accident.
4. Dunes' Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
a) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this MOU shall be endorsed to waive
subrogation against City, its elected and appointed officers,
employees, agents, volunteers, representatives, the City Council,
boards and commissions, and any person or entity owning or
otherwise in legal control of the property upon which Dunes performs
the Class or Program or shall specifically allow Dunes or others
providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Dunes hereby waives
its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
b) Additional Insured Status. All liability policies including general
liability, excess liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City
and its elected and appointed officers, employees, agents,
volunteers, representatives, the City Council, boards and
commissions, and any person or entity owning or otherwise in legal
control of the property upon which Dunes performs the Class or
Program shall be included as insureds under such policies.
C) Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance
or self-insurance maintained by City.
d) Notice of Cancellation. All policies shall provide City with thirty (30)
days' notice of cancellation (except for nonpayment for which ten
(10) days' notice is required) or nonrenewal of coverage for each
required coverage.
Newport Dunes Marina, LLC MOU Page D-2
e) Subcontractors. Dunes shall require and verify that all
subcontractors maintain insurance meeting all the requirements
stated herein, and Dunes shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL
coverage subcontractors shall provide coverage with a format at
least as broad as CG 20 38 04 13.
D. City's Coverage Requirements.
1. During the Term of the MOU, City, and its contractors and subcontractors,
performing any work for City at the area known as "Camp James," as more
particularly described on the Newport Dunes Map attached as Exhibit "A" to
this MOU as "Camp James," ("Licensed Premises"), shall maintain
insurance issued by an insurance carrier acceptable to Dunes, as described
below:
a) Comprehensive General Liability Insurance, and All -Risk coverage
including for premises/operation, personal injury or death,
products/completed operations, blanket contractual liability,
independent contractors and broad form property damage. All
policies must include coverage for sexual misconduct, with no
exclusions, arising out of City's activities at the Newport Dunes
Resort. The limit of such coverage shall be in an amount not less
than two million dollars ($2,000,000) combined single limit per
occurrence for bodily injury and property damage.
b) Automobile and Liability for vehicles owned, non -owned, hired and
operated by the City, its elected and appointed officers, employees,
agents, volunteers, and representatives in connection with the HN
Program. Minimum coverage shall be not less than one million
dollars ($1,000,000), combined single limit for bodily injury, death
and property damage. City contractors are not covered by the City's
automobile and liability insurance and are required to name the City
and the Dunes as additional insureds on their respective policies.
c) Workers' Compensation Insurance as required by applicable laws,
and employer's liability with limits of not less than one million dollars
($1,000,000) per each accident.
2. City's Other Insurance Requirements. Insurance carriers must be licensed
to do business in the State of California and carry an A.M. Best rating of A-
6 or better. Certificates evidencing the required insurance shall be filed with
Dunes and shall name the following as additional insureds (the "Additional
Insureds"): Dunes Resort, LLC, Dunes Resort, LP, Newport Dunes Resort
and Marina Partnership, County of Orange, Waterfront Resort Properties,
LP, Newport Dunes Marina, LLC, Terra Vista Management, Inc., G&K
Management, Inc., and Riversource Life Insurance Company (Beneficiary
Newport Dunes Marina, LLC MOU Page D-3
(Beneficiary under an existing Deed). The Additional Insureds shall also be
endorsed on all of City's insurance policies covering the Licensed
Premises. Said policies shall specify that the policies may not be
terminated, altered, or canceled without thirty (30) days prior written notice
to Dunes by the insurance company. The insurance shall be primary and
the insurers shall waive any rights of subrogation against the Additional
Insureds. The maintenance of the insurance described in this section shall
be a condition of this MOU and should City fail to provide such insurance
timely or allow it to lapse, Dunes may terminate this MOU and in any case,
City shall remain obligated to indemnify the Additional Insureds for any loss
occasioned by City's use or operation on the Licensed Premises in
accordance with the terms of this MOU.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Evidence of Insurance. Dunes shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the contract to change the amounts and types of
insurance required by giving the Dunes sixty (60) days advance written
notice of such change. If such change results in substantial additional cost
to the Dunes, the City and Dunes may renegotiate Dunes' compensation.
3. Enforcement of Contract Provisions. Dunes acknowledges and agrees that
any actual or alleged failure on the part of the City to inform Dunes of non-
compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
4. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Dunes maintains higher limits
than the minimums shown above, the City requires and shall be entitled to
coverage for higher limits maintained by the Dunes. Any available
Newport Dunes Marina, LLC MOU Page D-4
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
5. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance If Dunes or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
MOU, or to suspend Dunes' right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Dunes or reimbursed by Dunes upon
demand.
7. Timely Notice of Claims. Dunes shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Dunes'
performance under this MOU, and that involve or may involve coverage
under any of the required liability policies.
8. Dunes' Insurance. Dunes 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 services
provided under this MOU.
Newport Dunes Marina, LLC MOU Page D-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/27/19
Dept./Contact Received From:
Date Completed: 3/7/19 Sent to
Company/Person required to have certificate:
Type of contract:
Teri By:
Teri
Jan
Newport Dunes — Fostering interest in Nature (FiiN)
Other
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/18/18 — 8/18/19
A. INSURANCE COMPANY: Travelers Indemnity Company of CT
B. AM BEST RATING (A-: VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/18/18 — 8/18/19
® Yes
❑ No
$1 M/$2M
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
A. INSURANCE COMPANY: Travelers Property Casualty Company
of America
B. AM BEST RATING (A-: VII or greater) A++ / XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F. ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
❑ No
1. NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/20/19 —1/20/20
A. INSURANCE COMPANY: Travelers Property Casualty Company
of America
B. AM BEST RATING (A-: VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
IN
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
App
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
3/7/19
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
2/28/19 Sexual Abuse & Molestation Liability requirement waived per Risk Management.
Approved:
Risk Management Date
* Subject to the terms of the contract.
I hereby certify that Dunes Resort, LP (Dunes) will not be using subcontractors for any of the duties
identified in the Memorandum of Understanding Between the City of Newport Beach and Dunes Resort,
LP to Support the Fostering Interest in Nature (FiiN) Program. Any staff that is participating in the FiiN
Program and interacting directly with the participants Is doing so as an employee of the Dunes.
By: DUNES RESORT, LLC, a California limited liability company
Its General Partner
Date: '�' / "=�=f---
By:
Michael Ge nd an r er
Date: /
By:
Michae SII erman Manager/Member