HomeMy WebLinkAboutC-7524-3 - MOU Related to Fundraising for the Junior Lifeguard BuildingMEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH
JUNIOR LIFEGUARD FOUNDATION RELATED TO FUNDRAISING FOR THE
JUNIOR LIFEGUARD BUILDING
This Memorandum of Understanding ("Agreement") is entered into this 9th day of
March, 2021 ("Effective Date"), by and between the City of Newport Beach, a California
municipal corporation and charter city ("City"), and the Newport Beach Junior Lifeguard
Foundation, a nonprofit public benefit corporation ("Foundation"). City and Foundation are
at times individually referred to as "Party" and collectively as "Parties" herein.
RFCITAI A
WHEREAS, the Newport Beach Junior Lifeguard Program ("Program") was
established in 1984 with two (2) instructors and fifty (50) junior lifeguards;
WHEREAS, the Program rapidly expanded over the years and has become one
of the City's most popular youth education programs teaching approximately 1,400
children annually about water safety, personal growth and how to care for one another;
WHEREAS, there is a need for a new Junior Lifeguard Building ("Building") to
support the Program as it is currently being administered from a 2,160 square foot
temporary trailer with no running water or youth restrooms;
WHEREAS, on May 14, 2019 the City Council approved a Professional Services
Agreement ("PSA") with Jeff Katz Architecture ("JKA") for the design of the Building at a
not -to -exceed price of Four Hundred Twenty Thousand Dollars and 00/100
($422,000.00);
WHEREAS, the Scope of Services under the PSA consists of four (4) phases:
Phase I -conceptual design for the Building; Phase II -refinement of the conceptual design
including furniture, fixtures and equipment ("FF&E") layouts as well as preparation of
mechanical, plumbing and electrical plans; Phase III -completion of environmental review,
coastal development and other regulatory permit issuance; and Phase IV -completion of
construction documents for project bidding (Phases I-IV and the project description
provided in Section 1.1 below shall be referred to herein as "Project");
WHEREAS, JKA has completed Phase 1 of the Project and the estimated cost of
completion for the Project is Four Million Nine Hundred Thousand Dollars and 00/100
($4,900,000.00);
WHEREAS, many residents of the City are interested in helping support the
completion of the Project by donating money to the Foundation;
WHEREAS, in April 2020, the City Council created an Ad Hoc Subcommittee to
explore private funding opportunities for the Project; and
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 1
WHEREAS, City and Foundation desire to enter into this Agreement to set forth
the authority and obligations of each Party.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises set forth herein, the City and Foundation do hereby agree as follows:
1. PROJECT DESCRIPTION AND BUILDING COST OF CONSTRUCTION.
1.1 Project Description. The Project, depicted in Exhibit "A" attached
hereto and incorporated by reference, consists of construction of a 5,120 square foot
building including a kitchen, office space, restrooms with showers and locker rooms, a
meeting/conference space and equipment storage area. The building heights will meet
current height restrictions for this area and are located north of the current FEMA VE
Zone. Parking in the area will remain neutral and some passive park space will used to
accommodate parking. Landscaping surrounding the building will be draught tolerant
and similar to existing and establish landscape.
1.2 Pre -Construction Project Phasing. The Pre -Construction Project
phases, estimated completion date for each phase and projected cost for each phase are
as follows:
Phase
Description
Projected
Projected Cost
Deadline
I
Conceptual design for the
Completed
Building
II
Refinement of the conceptual
In Progress
design including FF&E layouts
as well as preparation of
mechanical, plumbing and
$420,000.00
electrical plans
III
Completion of environmental
January 2022
review, coastal development
permit and other regulatory
ermit issuance
IV
Completion of construction
March 2022
documents for project bidding
1.3 Cost of Construction. The Parties agree that the cost of construction
of the Building and FF&E (the "Building Construction Cost"), based upon the conceptual
design prepared by JKA is estimated to be Four Million Nine Hundred Thousand Dollars
and 00/100 ($4,900,000.00) (the "Estimated "Building Construction Cost"). The
Estimated Building Construction Cost includes all anticipated costs of obtaining permits,
management, construction, and inspections. The Parties understand and agree that the
Estimated Building Construction Cost is an estimate based upon the best available
information known to the Parties at the commencement of this Agreement and that the
actual Building Construction Cost may vary based upon several contingencies, including
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 2
but not limited to, requirements of other permitting authorities, change(s) to the design
and configuration of the Building and/or increase in the cost of materials and/or labor.
2. FOUNDATION OBLIGATIONS
2.1 Fundraisinq Commitment. The Foundation expressly agrees that it
shall use best efforts to collect donations and pay to the City One Million Seven Hundred
Fifty Thousand Dollars and 00/100 ($1,750,000.00) (the "Foundation Commitment") upon
completion of Phase III by the City. If (i) the Building Construction Cost exceeds the
Estimated Building Construction Cost (such excess costs, the "Additional Construction
Costs") and (ii) the Foundation raises donations in excess of the Foundation Commitment,
the Foundation expressly agrees to remit to the City such additional donations up to the
amount of the Additional Construction Costs upon completion of Phase IV by the City.
2.2 Control Over Fundraising. City shall have no control over the manner
or mechanism in which Foundation chooses to manage, hold or invest funds or the
manner or mechanism in which Foundation solicits or receives funds. City shall not direct
or authorize any specific fundraising activity; nor shall City prohibit or otherwise interfere
with Foundation's fundraising activities. Foundation shall be solely responsible for
soliciting donors, establishing partnerships with local businesses and organizations, and
handling all administrative and other responsibilities related to fundraising. If Foundation
is unable to raise the Foundation Commitment, Foundation shall be solely responsible for
determining the use or distribution of all funds raised. Notwithstanding the foregoing, the
Foundation represents that no part of any donation shall inure to the benefit of any officer,
member or employee of the Foundation, except in payment of reasonable compensation
for services rendered or administrative expenses necessarily incurred, which
expenditures shall not exceed five percent (5%) of the total amount of donations actually
collected and received for the Project and purchase of FF&E ("Reasonable Expenses").
Section 2.2 shall not be construed as limiting Foundation's obligations in Section 5
(Reporting and Accounting Requirements).
2.3 Fundraising Reports. From and after the commencement of this
Agreement, the Foundation shall provide a report to the City Manager every six (6)
months setting forth the total amount of donations received/collected as well as any
donations pledged for the Building Construction Cost. Such written progress report may
be transmitted in, and by, any format, including delivery by electronic mail.
2.4 Payment of Donation. Upon completion of Phase III, the City shall
provide notice to the Foundation providing evidence reasonably satisfactory to the
Foundation of the same. Within ninety (90) calendar days of receipt of such notice, the
Foundation shall (i) demonstrate that funds in the amount of the Foundation Commitment
have been deposited into an joint escrow account and (ii) cause such account to be for
the benefit of the City pursuant to which the Foundation Commitment will be maintained
in such account until it is either (x) released to the City upon allocation of funds by the
City for its portion of the Project and execution of a construction agreement wherein the
MEMORANDUM OF UNDERSTANDING -JUNIOR LIFEGUARD FOUN DATION 3
City is legally bound to pay for and construct the Project or (y) released to the Foundation
upon termination of this Agreement in accordance with its terms.
3. CITY OBLIGATIONS
3.1 Phase Completion
identified above.
The City shall complete Phases I through IV
3.2 Use of Donation. The City shall ensure that donated funds received
from the Foundation shall be used solely for costs related to the construction of the
Building and the purchase of FF&E. The City shall provide a report to the Foundation
documenting use of the Foundation Commitment.
3.3 Project Control and Property Ownership. City shall have sole
responsibility for and control over, the construction, project management, inspection and
permitting, operation and maintenance of the Building. The Parties anticipate that
construction of the Project shall take approximately eight months. At all times during and
after the Term of this Agreement, the Building and all associated improvements including
FF&E and the real property the Building shall be the sole property of the City.
4. TERM
The term of this Agreement shall commence upon mutual execution of this
Agreement and shall continue for five (5) years. If at the end of the Term, Foundation
has not raised the Foundation Commitment, this Agreement shall terminate regardless of
any design work already completed or any funds expended by either party. However, the
Parties may extend the term of this Agreement by mutual written consent and an
amendment to this Agreement.
5. REPORTING AND ACCOUNTING REQUIREMENTS
5.1. Records. At all times during the term of this Agreement, Foundation
shall maintain true, proper, and complete books, records, and accounts (collectively,
"Books and Records") in which shall be entered fully and accurately all donations received
for the Project and purchase of FF&E as well as the expenditure of any funds donated
for the Project for Reasonable Expenses. Foundation shall maintain the Books and
Records in accordance with Generally Accepted Accounting Principles ("GAAP").
Foundation shall make available to City such Books and Records upon City's request.
5.2 Inspection. City shall have the right to designate its own employee
representative(s) or designate a contracted representative(s) with a Certified Public
Accounting firm who shall have the right to audit Foundation's accounting procedures and
internal controls of Foundation's financial systems as they relate to this Agreement and
to examine any cost, revenue, payment, claim, other records or supporting documentation
resulting from any items set forth in this Agreement. Any such audit(s) shall be undertaken
by City or its representative(s) at mutually agreed upon reasonable times and in
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 4
conformance with generally accepted auditing standards. Foundation agrees to fully
cooperate with any such audit(s).
5.3 Record Retention. This right to audit shall extend during the length
of this Agreement and for a period of three (3) years or longer, if required by law, following
the termination of this Agreement. Foundation agrees to retain all necessary
records/documentation for the entire length of this audit period.
5.4 Donation Oversight. Foundation agrees to exercise prudent financial
management processes including proper oversight of all donations.
6. INDEPENDENT ENTITY
In the performance of this Agreement, the Foundation, and the volunteers, agents
and employees of Foundation, shall act in an independent capacity and are not officers,
employees or agents of the City. Nothing in this Agreement shall be deemed to constitute
approval for Foundation or any of Foundation's volunteers, employees or agents, to be
the agents or employees of City.
7. INDEMNIFICATION
7.1 To the fullest extent permitted by law, Foundation shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "City 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 the breach of this Agreement or the negligent and/or willful acts,
errors and/or omissions of Foundation, its principals, officers, agencies, employees
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them.
Likewise and to the fullest extent permitted by law, the City shall indemnify, defend
and hold harmless Foundation, its boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Foundation Indemnified Parties" and together with the
City Indemnified Parties, the "Indemnified Parties") from and against any and all Claims,
which may arise from or in any manner relate (directly or indirectly) to the breach of this
Agreement or the negligent and/or willful acts, errors and/or omissions of City, its
principals, officers, agencies, employees vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be liable
or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require either
the City or Foundation to indemnify the Indemnified Parties from any Claim arising from
the sole negligence or willful misconduct of such Indemnified Parties. Nothing in this
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 5
indemnity shall be construed as authorizing any award of attorney's fees in any action on
or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided pursuant to this
Article 7.
8. INSURANCE
Without limiting Foundation's indemnification of City, Foundation shall obtain,
provide and maintain at its own expense during the term of this Agreement or for other
periods as specified in this Agreement, policies of insurance of the type, amounts, terms
and conditions described in the Insurance Requirements attached hereto as Exhibit C,
and incorporated herein by reference.
9. PROHIBITION AGAINST TRANSFER
Neither party shall assign, sublease, hypothecate, or transfer this Agreement
directly or indirectly, by operation of law or otherwise without prior written consent the
other party. Any attempt to do so without prior written consent of the other party shall be
null and void.
10. NOTICES
All notices, demands, requests or approvals to be given under 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 Foundation to City shall be
addressed to the City at:
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Foundation shall be
addressed to Foundation at:
Attn: Newport Beach Junior Lifeguard Foundation
1090 Sea Bluff Drive
Costa Mesa, CA 92627
11. TERMINATION
11.1. Termination. Except as provided below, this Agreement shall
terminate as provided in Section 4 (Term).
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 6
11.2 Termination for Cause. Foundation shall be in default if Foundation
fails or refuses to perform any duty required by the Agreement or performs in a manner
inconsistent with the terms, conditions and restrictions in this Agreement. In such event,
City shall give Foundation thirty (30) calendar days' written notice to cure, if the default
can be cured and City shall be entitled to terminate this Agreement if Foundation has not
cured the default within the thirty (30) calendar day cure period. City shall be entitled to
immediately terminate this Agreement if the default cannot be cured through corrective
action.
11.3. Termination without Cause. City may terminate this Agreement at
any time with or without cause upon seven (7) days written notice to Foundation.
11.4 Specific Performance. Foundation agrees that the City has the legal
right, and all necessary conditions have been satisfied, to specifically enforce
Foundations' obligations.
11.5 Treatment of Donations Following Termination. In the event that this
Agreement is terminated for any reason following execution of a construction agreement
by the City, the Foundation shall transmit all donations collected by Foundation to the
City.
12. STANDARD PROVISIONS
12.1 Compliance With all Laws. Foundation shall at its own cost and
expense comply with all applicable statutes, ordinances, regulations and requirements of
all governmental entities, including federal, state, county or municipal, whether now in
force or hereinafter enacted.
12.2. 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.
12.3 Integrated Contract. 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.
12.4 Interpretation. 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.
12.5 Amendments. This Agreement may be modified or amended only by
a written document executed by both Foundation and City and approved as to form by
the City Attorney.
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 7
12.6 Severability. 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.
12.7 Controlling Law and Venue. 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, State of California.
12.8 Equal Opportunity Employment. Foundation currently does not have
any direct employees but otherwise represents that it is an equal opportunity employer
and it shall not discriminate against any contractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age or any
other impermissible basis under law.
12.9 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
12.10 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute the same instrument.
[SIGNATURES ON NEXT PAGE]
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: FSI I al
By: -
_96t -Aaron C Harp
City Attorney
Date: EST: f/.
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4&4-j X,
Leilani I. Brown
City Cler _�FvciA..
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
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FOUNDATION:
Newport Beach Junior Lifeguard
Foundation, a California Nonprofit
Corporation
Date: OL 2 0Z(
By: �2�_
Graham Joig4iph Harvey
Chief Executive Officer
Date: (� % % Z:; ` I
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By. �...
Christopher David Seib
Secretary
[END OF SIGNATURES]
Exhibit A - Conceptual Plan
Exhibit B - Insurance Requirements
MEMORANDUM OF UNDERSTANDING -JUNIOR LIFEGUARD FOUN DATION 9
EXHIBIT A
CONCEPTUAL PLAN
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MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Foundation's indemnification of City,
Foundation 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 City. Foundation agrees to
provide insurance in accordance with requirements set forth here. If
Foundation uses existing coverage to comply and that coverage does not meet
these requirements, Foundation agrees to amend, supplement or endorse the
existing coverage.
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 City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Foundation 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 if the Foundation hires employees.
Foundation 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, and employees.
Foundation 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 and employees.
B. General Liability Insurance. Foundation shall maintain commercial
general liability insurance, and if necessary umbrella 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, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
MEMORANDUM OF UNDERSTANDING -JUNIOR LIFEGUARD FOUN DATION
C. Automobile Liability Insurance. Foundation 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
Foundation arising out of or connected in any way with the 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. _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 Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, and employees or shall specifically allow Foundation or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Foundation
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, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, and employees 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)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage for
each required coverage.
5. Additional Agreements Between the Parties. The Parties hereby agree to the
following:
A. Evidence of Insurance. Foundation 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 Agreement. The certificates and endorsements for each
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Foundation shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Foundation sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Foundation, City and Foundation may
renegotiate Foundation's compensation.
C. Enforcement of Agreement Provisions. Foundation acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Foundation of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. 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
Foundation maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Foundation. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
E. 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.
F. City Remedies for Non -Compliance. If Foundation 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 Agreement, or to suspend Foundation's right to proceed
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Foundation or reimbursed by Foundation upon demand.
G. Timely Notice of Claims. Foundation shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Foundation's performance under this Agreement, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
H. Foundation's Insurance. Foundation 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.
MEMORANDUM OF UNDERSTANDING - JUNIOR LIFEGUARD FOUN DATION
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Thursday, April 22, 20215:59 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000441
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This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000441 NEWPORT BEACH JUNIOR LIFEGUARD FOUNDATION
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.