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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 m"l?" Imm"CE D.9 ft. IV' InmH URINE (949) 729-3863 EXHIBIT A NEWPORT DUNES MAP F---'RACKaA BISTRO '80Ar m fcmoa "Um PAWNG Sir" pACNrIONI cml Mtn Rs•. sol KACHPIWCM JOATUUNCH 00 M.(25'. wl KACf*W fm "'tlo. KAOM T 0 r1r. "I w1 ON Cow 4.6M l2v.o1 KU om Rs .401 �MD (IV � 44q WGE (2v. M YtLiON (ts'. 251 00001 WHOM 0.000 C0ffAGl PAMOK, C-O&O 107 Newport Dunes Marina, LLC MOU Page A-1 EXHIBIT B BUILDING MAP 0 H PQ gid J�K ic K L L - mt- RE Building I Building 2 Buildings 3 Marina Office Storage Lockers Restfooffis Club House Laundry Room Showers Pool and Spa Vending Machines Telephones Television Lounge Ice Machine Drinking Founlair Fitness Center Trash EncWures Restrooms Telephones Uppor Nowpor? Say Ecological Roservo 1 4111,11W17 Lam. Newport Dunes Marina, LLC MOU Page B-1 EXHIBIT C SAMPLE MIN PROGRAM SCHEDULE Newport Dunes Marina, LLC MOU Page C-1 O N @ c6 N L N N N N Q N (6 3 3 C ON N C c E _ m O O ccn N L c6 0) (6 N (D it O) N L L m E C - O O O C m E O N co c cc (0 c O c6 C O > _ ` V Q Q > 0-u^ N N E 7 O 7 O U _ C N c6 D1 p) (6 O O O) C - L N N r - (p C N N > c p C 0) 0) N E Q o 16 c c N ~- 0 E LD m° N ro ro E f6 =3 c N -OC 3 N 0 c0 m C LD N a uS w E o o c o O` m Y O ' N O3- ° c c U) wC o oU O O c � - m 0 m n U cn n N N O O �mc oco 3 rn o 3 E E0 U o a� a—o >t No =3 0 N O dU a0) CL E E O O 0 U O Q N O O IL T T L N O O cU Q p) U C N - w _ _ U 7 c E N (6 N N m N h N m Q c0 Z (6 O O O N 7- N E O y O N N N N h E CU Q CE C O 6 V) U c c7D .1 =Ca w -5 c (D a U -j Q Cz UU m s .y C � O G U U N c U U U U N c U N c U co c U m Z U N c U N c U U N c U U m Z U N c U U m m� m m m m , 0 m-,-, -, 0 m 0 m m, 0 00 � m m 0 m m� m � � m m Z 0 Z Z Z Z U U Z 0 0 0 0 Z U Z U Z U U Z U U U D Z Z O Z Z U Z U U U U U U Z Z c c c C T T 0 O c c 0 U co U U U U U U U J U O m U U U U U U U U m m m U U U U U U U U U Z Z Z Z U U U U U U U U U U U N Y N N N a c6 cn Y C d O N 'O N N 3 (U (D 3 N0 c c E a) c 00 0 O T (U cn -0 O 6 U > N C c6 CL 3 N N 0) N N Y 0 U m o U E o 0 0 N m m m U Z N m f6 U % U N C N c N c O Y U N N N E c0 O O Y N p) Q c O Co N O) U Q Q .N N T N c0 01 C p O N N Y Y N Z c O N N Q (6 N = O N c O m N Z N N > <6 N T N N Z U N N N (0 U U Q 7 O p 7 c0 N (n 0 y U O) .c E0 U' O m 0 O U N E N E O m N 0 O O (p Y Q •-' N m C c0 O O c c Y C N rn C N O O 'n0 (9 (0 > O L U N W d N C .0 L 7 Q N L N (9 L U .> C C L Q L (0 N U N c L U a N L Y c6 Y c9 Q) m m c m is m m 3 a) g o c m n� rn 3 s m m o c m m 0 0 Q C J 3 CCOU m 3 0 m Z U d J Q m> >m J Q O m Q U 0- J Q m (n `1 J 1 0- O m J M J Q m d d O- E o O- M N EO O m V 0 Lo m (p O OM (o O O O N L- W O O) 00 O N V Lo L- 00 0) O) co 00 O O N M M L I- 0) 01 M ao O) O W M M r 00 M V' Lo O L- W M O r- CO Q) M M V Lo (D I- m 0) r 00 0) T T T T T T T T T T T T N N c6 (O N c6 N c6 c6 OS c6 T T T T T TN0 >0 0 T6 TO T`6 T TNU NN NN cN0 (NT0 Nc NC Nc Nc Nc Nc 0 Nc N Nc N Nc N Nc N Nc N 0c N -6 NT -O 70 U U a "0 '6 'O NTN 'O'0 -0 -0 -O6 OO -O -O U 'NT O -O ` ` LT `TV NT `T6 `T6 T T> T >+ N N N6 N N6 N N NT6 N N NT6 N N N N> N NN U>) N N N 3 7 O O 7 7 3 7 3 7 3 7 `T0 0 - m =3 >N >N >N >N >N H H H I— H H H H H H H LL LL Il LL LWA:I1 Mak 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