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HomeMy WebLinkAboutAMCI - Automotive Marketing Consultants, Inc. - 2012-11-19Council/Agency Meeting Held: Deferred/Continued to: AApp ve ❑ Conditionally Approved ❑ Denied per,, Ci ler s Sign re Council Meeting Date: November 19, 2012 Departmen ID Number: PD-12-019 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve and authorize execution of an agreement with Automotive Marketing Consultants, Inc. (AMCI) for Emergency Vehicle Operations Course (EVOC) Training Statement of Issue: Should the City enter into an agreement with AMCI Marketing to allow the Huntington Beach Police Department to use El Toro Field for mandated drivers training? Financial Impact: There are no additional funds required., Funding is included in the Police Department's approved FY12/13 Budget. Recommended Action: Motion to: Approve and authorize the Chief of Police to execute the "Agreement for Orange County Great Park and El Toro Field" with Automotive Marketing Consultants, Inc. (AMCI) for Emergency Vehicle Operations Course (EVOC) training. Alternative Action(s): Do not approve the agreement and direct staff accordingly. HB -551- Item 15. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/2012 DEPARTMENT ID NUMBER: PD 12-019 Analysis: California Peace Officers Standards and Training (POST) mandates that ' I police officers complete a driver training course every two years as part of their perishable skills training requirement. Since 1997, the Police Department has used the former El Toro runway field to complete this training using a training program specifically tailored to the needs of the department. The reason El Toro runway field is used is that there are currently no other suitable training locations in Orange County to conduct high speed driving and the Pursuit Intervention Technique (P.I.T.) training. The facility affords a closed course training area which is essential for safety while conducting the training at a very affordable cost to the city. The El Toro Facility is located inclose proximity to the City of Huntington Beach. This enables the department to get personnel and equipment to the training location with minimal cost. All instructors are current employees of the department, allowing for flexibility when scheduling the training days. This training and course curriculum has been certified by POST and provides quality instruction to our employees. AMCI Marketing has been contracted by the City of Irvine to manage the former El Toro runway and adjacent area. The approval process for use of this facility requires the Police Department/City to enter into a Letter of Agreement with AMCI. The agreement is for fifteen (15) usage days. This required training occurs every two years and is included in the department's approved training budget for FY12/13. The cost to lease the El Toro Facility is $10,000.00. The agreement has been reviewed and approved as to form by the City Attorney. Environmental Status: Not applicable Strategic Plan Goal: Maintain public safety Attachment(s): Item 15. - 2 HB -552- ATTACHMENT #1 To: Paga � oT '1 O 20'12-'10-26 2'1 "16'03 (GMT) '194986'1 G306 From: Lee NagelY�out Agreement for Orange County Great Park ,And El Toro Field Agreement dated October 2, 2012 between Automotive Marketing Consultants, Inc. (AMCI), a California corporation, with its principal place of business at 4755 Alta Rd., Marina del Rey, CA, 90292 (Licensor) and Huntington Beach Police Department (HBPD) with its principal place of business at 2000 Main Street, Huntington Beach, CA 92648 (Licensee). WHEREAS, Licensor is the representative/agent and operator of a portion of the Orange County Great Park and El Toro Field in Irvine, CA (facility). Licensee desires to temporarily use said portion of the Licensor's runway and facility for Police Automotive Training (herein after referred to as the Event). NOW THEREFORE, in consideration of the mutual promises contained herein, receipt of which is hereby acknowledged, and :intending to be legally bound, the parties agree as follows: 1. Licensor grants to Licensee, and Licensee accepts front Licensor, a non-exclusive license to use that portion. of Facility (Location) as outlined on the attached. Exhibit A on the terms and conditions of this Agreement for the sole purpose of the Event. All areas to be rented are in "as is" condition. Electrical, water and sewage or other utilities may not be available. Licensee agrees to pay the Licensor in consideration for the license granted hereby a nonrefundable fee/rental rate in the amount S10,000.00. Licensee shall deliver a non-refundable venue deposit upon signature of contract in the amount of $200.00 per rental. day based on a minimum. of 16 rental days Any reduction in the number of days may result in an increase of the per day rate. 'The, License..e wishes to use the Location for the following time period: March 25 — March 28, 2013 from. 7:00 am — 5:00 pm* April. 1, 201.3 from 7:.00 am -5:00 pm April 3, 2013 from. 7:00 am — 5:00 pm* April 9, 2013 from 7:00 am -- 5:00 pm* April 12, 2013 from 7-00 am-5:00 pm* April 15, 2013 from 7:00 am — 5:00 pm April 17, 2013 from 7:00 am -- 5:00 pm. April 19, 2013 from 7:00 am — 5:00 pm* April 23, 2013 from 7:00 am — 5:00 pm April. 25, 2013 from 7:00 azn — 5:00 pm* April.29, 2013 from: 7:00 am — 5:00 pm May 1, 2013 from 7:00 am — 5.00 pm May 37 2013 from 7:00 am — 5.00 pm *Indicates Licensee has agreed to relocate track support materials .from an agreed upon portion of contracted area of use to allow for other events to take place. Licensee also agrees to completely .remove all .materials from contracted area of use between dates if requested by Licensor for other venue rental use opportunities t Initial Here To: Page 2 of '1 O 2012-'10-26 2'1 :'16:03 (GMT) '194966'16308 Ffom= Lee Nagell'iout for a total of sixteen (16) days at a total rate of $10,000.00 due on or before March 11, 2013. The tee includes use of the Location and an On -Site Representative_ The .function of the On -Site Representative is to oversee the Location and to ensure that all contractual responsibilities are met, The On -Site .Representative will be available to the Licensee for a 10-hour period of time on all rental days to include set-up, Event, and strike. Any group on the premises for more than ten hours per day will. be assessed a fee of $100 per hour. Billing for these services will be .invoiced separately by Licensor at the conclusion of the Event. 2. Unless licensee has agreed to a buy-out of the entire Air Station, other groups may be active on [lie base during this same time. 3. Licensee will be billed additional fees if attendance exceeds parameters discussed with venue and as listed on Event Inquiry prior to the Event. These fees will be charged on the following basis: a. 0-499 additional attendees = $0 b_ 500 — 999 additional attendees = $1500 c. 1.000 — 1999 additional attendees = $3000 d. 2000 — 2999 additional attendees $4500 e. Then in increments of $1500 per every additional 1000 guests 4. Upon written notice, the Licensee and the Licensor shall have the right to terminate this Agreement up to forty-five (45) days prior to the Event without further liability. if the Event is cancelled within 45 days of the start date for the Event, Licensee shall be liable .forthe full cost of the reservation period, and said payment is due and payable within five (5) days of notification of cancellation. There shall be no advertising or promotion of the Event until a contract has been signed by both parties and has been received by both parties. Licensee agrees to allow Licensor to approve all use of The Great Park name and/or El Toro Field name prior to any advertising, printing, or promotion. Further, the Great Park and the Great Park Balloon shall not be associated. with the Event in any way, Additionally, Licensee agrees that there will be no form of advertising of this Event unless approved in writing by Licensor in advance. Any unapproved advertising by Licensee and/or any agent may result in Event cancellation an.d .forfeiture of rental Fees paid by the Licensee. A separate check in the amount of $1,000.00 Security/Cleanup Deposit is required by the Licensor to be applied to any and all amounts due from. the Licensee relating to the Event including any assessments due to datn.ages resulting from the actions of the licensee, its employees, client, vendors and guests during the course of the Event or should it be determined on the day of the .Event that additional event security is required. The Security/Cleanup Deposit will be refunded to the Licensee within 30 business days after the Event or upon the receipt of pending related vendor invoices, less any applicable assessments. A mutual site inspection will occur after the Event to review the condition of the Location. The parties' failure, however, to discover any damage or inatters requiring further attention during such inspection will not limit Licensee's responsibility for any such costs to remedy. Licensee is responsible for any damage to the Location and after the Event shall restore the Location to at least the same condition in which the Location was.prior to 2 Initial leer To- Paga 3 oT 10 2012-10-26 2116:03 (GMT) 19498616308 From. Lab NagalFlout the Event, withreasonable wear and tear acknowledged. Any damage to the Location caused by or arising from the Event (including by Licensee's associates, co-workers, vendors or invitees to the Event) shall be repaired by the Licensee at the Licensee's sole cost and expense. All such repairs must be made immediately to the reasonable satisfaction of the Licensor. Any and all repairs required due to damage caused by the Event will be made by a Licensor -approved contractor. Billing for these services will be invoiced separately by ]licensor at the conclusion of the Event. Licensee shall maintain the cleanliness of the Location and surrounding premises during the Event to prevent windblown trash from locating to other parts of the site and will be expected to clean up all trash from the Event leaving the site as clean as they found it. 7. It is the sole responsibility of the Licensee to make the necessary arrangements and cover the costs associated with any permits needed. for the Event. Licensor makes no representation or guarantee that Licensee will be able to obtain any such required permit for any Event. 8. Licensee shall submit a Special Event Permit Application to the Administrative Authority (City of Irvine Director of Public Safety/ Chief of Police or his or her designee). For the purposes of Special Event Permit application approval, this designee shall be referred to as Irvine Police Department Special Event Coordinator. The Irvine Police Department Special Event Coordinator will provide Licensee with. approval for the Event in accordance with the provisions of the Irvine Municipal Code Chapter 8: Special Events. The Special Event Permit should be completed and approved 45 days prior to the Event. Failure to submit a completed and approved Special. Event Permit to the Irvine Police Department Special Event Coordinator 45 days prior to the Event may result in denial of the Special Event Permit and termination of the Event (Irvine Municipal Code Section.2-10-805). Licensee understands that failure to obtain an approved Special Event Permit if required from the City of Irvine Police Department Special Event Coordinator WILL result in the termination of the Event (trvine Municipal Code Section 2-.l.M4 and 2-10-816).. Licensee understands that a Special Event Permit, may be:revoked by the Administrative Authority (Irvine Municipal Code Section 2-10-821). Licensor has no authority to approve an Event that has not been permitted by the City of Irvine Police Department Special .]:vent Coordinator. Should the Event be cancelled or terminated. due to the :Licensee's failure to obtain a Special Event Permit by the City of Irvine Police Department Special Event Coordinator, i.,ice.nsee shall be liable for.co.st of reservation.per_iod pursuant to section I .of this. contract, 9. The Facility is a non-smoking venue_ No smoking is allowed on. the premises. 10. Licensee is responsible for providing all material and equipment needed for set-up and tear -down of the Event. In addition, Licensee must coordinate schedule with On -Site Representative and be present on -site to accept any and all deliveries made to the Facility. 11. Licensee agrees that :it will not make any unlawful use of the Location, nor shall it make any use of the Location which shall in any way contravene any federal, state or local law, regulation, or ordinance or any injunction or restraining order of any court of competent jurisdiction. 3 Ipiaial I Iere To: Pages 4 or I O 20'12-'10-26 2'1 "16-03 (GMT) '194986'16308 From- Laa NagalY�out 13. Licensor shall not be liable to Licensee or to any other person on or about the Location for any damages either to person or personal property or for any loss incurred on or about the Location through the fault of Licensee or any other person. 14. All property of Licensee stored or kept at the Facility within the contracted time shall be stored or kept at the risk of Licensee only, and Licensee hereby holds Licensor harmless from any claims arising out of damage thereto, including subrogation, claims by Licensee's insurance carrier. 15. A $500 per day fee will be assessed on all materials, items, and rental equipment left on site in excess of 24 hours following the conclusion of the Event unless approved in writing by Licensor in. advance, and Licensee shall also be liable for actual cleanup and removal charges. Licensee shalt also be liablefor consequential damages suffered by other licensees in the event any holdover shall interfere with any other scheduled event; and Licensee shall also defend, indemnify and hold harmless Licensor against any other claims brought by another licensee as a result of any such holdover. 16. Licensee shall obtain and continuously ensure the maintenance of the following insurance coverage and services: (a) At least $.1,000,000 of Worker's Compensation insurance, including Employer's Liability insurance. If your organization will not use employees to work the Event and you are unable to provide this insurance, then each and every person on -site associated with the Event (staff and volunteers) will. be required to sign a liability waiver. (b) Comprehensive Auto insurance for all vehicles to be used at the Event with a minimum of $500,000 per person with an umbrella policy of at least $3,000,000 per accident. (c) Participants/spectator general liability insurance of at least $5,000;000 ($4,000,000 Excess Umbrella Liability and $1,000,000 Each Occurrence (d) Licensee guarantees the City of Huntington Beach to be self -insured and capable of providing insurance coverage sufficient to meet the above .listed requirements. The above Certificates of Insurance must name AMCI as the Certificate holder and include the City of Irvine, Five Points Communities Management Inc., LNR Heritage Fields El Toro LLC, Great Park Corporation, Department of the Navy, and the US Government as additional insureds for the above Event. Furthermore, Licensee shall.tarnish Licensor, no later than March U., 2013 with Certificates of Insurance evidencing cotupli.ance with such coverage requirement. Such certificates shall provide that the insurance will not be canceled or terminated without at least.(7) seven days prior notice to Licensor. 17. Licensee shall indemni.ly and hold harmless Licensor, its officers, directors, stockholders, employees, agents, affiliates, and representatives from and against any and all actions, cause of action claims, suits, losses, liabilities, and damages, and expenses in connection therewith, including, without limitation, reasonable attorney'& fees and disbursements reasonably incurred by the foregoing, or any of them, as a result of a material breach of this Agreement by Licensee or any loss or damage proximately caused by the Licensee. 1n the Event of any dispute under this Agreement, each party shall bear its own attorney',s fees and costs. The venuc for any such dispute. shall, be in grange County, California: 4 Initial Here To_ Paga 5 oT '1 O 20'1 2-'10-26 2't "16:03 (GMT) '194986'16306 From'. LGs Nay®IYiout 18. Licensor shall not be liable to Licensee to have access to the Location due to Tire, flood, other acts of God, labor disputes, or any other reason except the willful prohibition without proper cause by Licensor of such access to Licensee. To the extent Licensee provides any services on the Location, or contracts with any third party to :provide any such services, such. services may be provided only upon prior notice and approval of licensor and only if not in contravention of any union contract or other labor or services agreement to which Licensor is a party or which otherwise pertains to services to be provided at the Location. 19. Licensor shall have the right to terminate this Agreement on five (5) business days' notice for cause in the sole judgment and discretion of Licensor. In the event of such termination, Licensor shall refund the Licensee all sums paid by Licensee hereunder no later than thirty (30) days after Licensor's.receipt of notice of termination. Licensor shall also have the right to terminate this Agreement on .five (5) business days' notice in the Event of a material breach or threatened breach of this Agreement by Licensee (including, but not limited to non-payment of the venue deposit or fee on the date required). Licensee shal I have the option to cure the breach during the said five (5) business day notice period. Licensee may terminate this Agreement upon notice to Licensor in the Event that Licensee is not provided access to the Location during the time scheduled for the F,vent due to fire, flood, other acts of God, labor disputes or any other reason beyond the reasonable control of Licensee. In the event of such a termination Licensor shall refund the Licensee all sums paid by Licensee hereunder no later than thirty (30) days after Licensor's receipt of notice of termination pursuant to this paragraph. licensor shall in no circumstances be liable to Licensee for any consequential damages or other damages of any kind in the event Licensee does not get access to the Location. 20. Licensee shall not construct any permanent building, structure, facility or fence or undertake any other type of permanent construction on the Location without prior written consent of Licensor, unless, in each case, such construction is disassembled upon or prior to the expiration of the Event and such construction and disassembly thereof do not result in. damage to the Location. 2.1. Licensee shall not assign, sublet, mortgage or encumber. this Agreement or the license or other rights granted hereby, or otherwise permit the Location or any part thereof to be used by others, except that Licensee retain-s the right to assign. this Agreement to its parent company, any affiliate or subsidiary company. 22. The parties agree that nothing contained herein shall be deemed or construed as creating a partnership, joint venture or relationship of landlord and tenant between Licensor and Licensee or otherwise to grant..i,,icensee any rights except those expressly.set forth herein. 23_ Licensee acknowledges that it has examined the Location and agrees to accept the use of same without any representatives, warranties or covenants, express or implied., on the part of the Licensor, and agrees to accept same.ia the condition commonly referred to as "as is". 24. (a) This Agreement shall be governed by and. construed in accordance with the laws of the State of California. The parties .irrevocably submit and consent to the jurisdiction of the state court of California in Orange County and expressly waive any right they may have to seek any change of jurisdiction or venue. (b) This Agreement may not be changed or modified except by an instrument in writing signed by the parties. This Agreement may be executed :in one or more counterparts, all of which taken together shall constitute but one and the same instrument. 5 Initial Mere.--_ (c) This Agreement shall be binding upon, the parties, their principles, and respective successors and permitted assigns. No person or entity is untended to be or shall be construed as a third party beneficiary of this Agreement. (d) The failure of either party to insist upon the strict performance of any provisions of this Agreement or to exercise any right, power or remedy upon a breach hereof shall not constitute a waiver of that or any other provision of this Agreement, or limit that patty`s right thereafter to enforce any provision or exercise any right. (e) The terms and conditions of this Agreement shall survive the expiration or termination of this .Agreement to the full extent necessary for their enforcement and for the protection of the party for whose benefit they operate. 25. No terms, conditions, prior course of performance, usage of trade, understandings, purchase orders, or agreements purporting to modify, vary, supplement or explain any provision of this Agreement shall be effective unless in writing signed by authorized representatives of all parties. 26. In the Event of any ambiguity or dispute, the interpretation of this Agrecment shall not be resolved by any rule of interpretation providinZn g for interpretation against the party who causes the uncertainty to exist or against the draftsman. TO. Page T of '1 O 2012-10-26 2'1 :'16:03 (GMT) Contract. Dillines & Deadlines ® Signed Agreement: Due on or before October 17,2012 o Mon -Refundable Deposit: $8,000.00 due on or before October 17, 201.2 ® Final payment: $2,000.00 due on or before March 11, 2013 ® Refundable Security Deposit: $1,000.00 due on or before March 11, 2013 ® Insurance certificate: due on or before March 11, 2013 ® SIGNED CONTRACTS AND CERTIFICATES OF INSURANCE SHOULD BE RETURNED TO: Lee Naselhout i n a R e l h o utC afii c i gl oh a;. c om 949-861-6308 (fax) ® PAYMENTS SHOULD BF SENT TO: AMCI Accounts Receivable 4660 North Avenue Oceanside, CA.92056 ® IN FITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. Authorized Sienatures Licensee / Huntington Beach Police Department Licensor/AMCI Print: �+ L-` Print: Ra-nd-v Tolsma Signed: Signed: Tine;. CJ-4 / " ,O F 7bL__ C'C Title: Vice President of Operations Date: i �- E3 - ! 2 Date: � 7 To: Page+ 8 Of 1 O 2012-10-26 21 :16:03 (GMT) 19496616306 From: Lea Naga1110ut `xhibit A EL TORO FIELD RULES AND REGULATIONS l . Gates open at 6:00 AM and close at exactly 1.0:00 PM each night; ingress before or egress after this time must be arranged in advance and will require at least one park safety officer provided by the Irvine Police Depaitr'nent. Contract and fees will be billed and processed directly by the Irvine Police Department. If the Irvine Police Department is unable to supply additional staff, a private security firm will be contracted through Licensor. Licensor will invoice these charges at a billable rate of $38.00 per hour, rive (5) hour minimum with no overtime. 2. Additional standard site security will be exclusively provided by Licensor at a billable rate of $38.00 per hour (per guard) at a five (5) hour minimum with no overtime. Licensor and Licensee will. determine and agree on the appropriate level of security for the regulation of traffic, general order, and protection of persons and property. Billing for these services will be invoiced separ tely.by Licensor at.c.anclnsiion of Event. 3. Licensor reserves the right, if necessary, to modify the rental location from :its proposed designated area by utilizing adjacent areas of the Facility. 4. Runway space is rented "as is". Licensor does not guarantee that the rented area will be free of weeds, dirt, grass, debris, etc. Licensee is responsible for any clean-up of these items required for the Event in. advance of the rental period to be coordinated with the On -Sits Representative. 5. Any additional services, items or materials requested by the Licensee will be billed as extra and separately invoiced after the Event. 6. It is the responsibility of the Licensee to provide persoimel to direct people into the Event. Licensor will be responsible for the production and distribution of directional signage and A - :Frames. 7. Restrooms are not located on the airfield premises. Portable restroom units will be needed_ The number of units required should be determined by the size, number of .attendees, nature; and location of the event. Licensee agrees to use a Licensor -approved vendor at Licensee's expense and provide a site map indicating the total. number and location of said units. 8. Licensee will be required to provide an adequately size trash dumpster, a sufficient number of collection bins, and staff to empty trash during the event. If an adequate number of trash bins is not provided based on the recommendations provided during the permitting process or if the trash and debris is not sufficiently removed following the event, Licensor will bill additional fees for the trash removal at conclusion of the :Event. 9. Events with an. estimated attendance of 200 or more must hire a Licensor -approved parking vendor. Licensor -evil! .not be involved..in.revenue share of any profit made. Approved parking vender information will be provided to the Licensee at the time the agreement is signed. 1 Initial... Here' To- Paga 9 of 10 2012-1 0-26 21'16:03 (GMT) 19496616308 From. Lee NagClFtout 10. Tent staking is permitted, however all holes must be patched with like material as the existing surface (if holes are drilled into the concrete then a concrete patch is required, asphalt the same, etc.) within park areas. 11 _ All driving events must be approved in advance by an A MCI Safety Technician. The Safety Technician must receive copies of course layouts at least ten (10) days prior to set-up and verify the safety parameters be put in place (barricades, fencing, etc.) prior to the actual course set-up. Since this is considered private property, all event attendees and participants are required to obey acceptable and safe driving conduct. "Joy rides" or other reckless driving is not permitted at any time. Licensee will be held accountable for the actions of all attendees, staff, and volunteers involved with the Event. 12. Government approval is required prior to bringing any dirt, sand, gravel; etc. onto the site to create an "off -road" course. Any "off -road" course must be constructed ou paved area only and all dirt, sand, gravel, etc. must be contained on top of an impregnable barrier placed on top of the paved area. No dirt, sand, gravel, etc. can be dumped directly onto any paved or unpaved area. Licensee is responsible for all costs associated with the maintenance and cleanup of Location. Water is available on -site and will be .billed by Licensor separately at the conclu..sion of the event. 13. Unless otherwise agreed upon in writing, all events that leave debris (trash, mud, stones, etc) deposited on the runway surfaces and field areas may be assessed an additional charge for the sweeping and, or pressure washing, of debris field surfaces and areas. Unless Licensee contracts for these services cuith. a Licensor -approved vendor, these services will be performed as determined by the On -Site .Representative at the conclusion of the Event.. Billing for these Services will be invoiced separately by Licensor at conclusion of Event. 14, Vehicle re -fueling at the Facility is prohibited. All vehicle re -fueling must be conducted by driving vehicles to the nearest fuel station. 1.5. Unless otherwise agreed upon in writing, speeds on the runways cannot exceed 65 N.IPH. 16. Drag racing or head-tq-head racing is.strictly prohibited. 17. Drifting isstrictly prohibited., . 1.8, Passing of any kind is strictly prohibited. 19. Wildlife shall not be chased, harassed, trapped or otherwise disturbed, Foliage, landscape, and structures shall :not be defaced or destroyed, 7 Initial Here��"�'\ To: Page 10 of '10 20'12-'10-26 2'1 :'16:03 (GMT) '194986'16306 From: Leo Nagall'lout Contracted .areas of Use F q � � 4 J- { - J 4 T� _ ............... .......... ...... .. ........ .....,...... .........- .. , . . 3 Initial Here i j ATTACHMENT e CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) WC-1708 CERTIFICATE OF COVERAGE 11/01/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO r*AC Excess Insurance RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS .nth®city 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. PO BOX 6450 NEWPORT BEACH CA 92658-6450 IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the 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 LICENSE #OC36861 COVERAGE AFFORDED BY: A - See attached Schedule Of insurers Member: BIG INDEPENDENT CITIES EXCESS POOL (BICEP) COVERAGE AFFORDED BY: B MEMBER AGENCY, CITY OF HUNTINGTON BEACH ATTN: MICHELE CARR 2000 MAIN STREET COVERAGE 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 LTR TYPE OF COVERAGE MEMORANDUM/ POLICY NUMBER COVERAGE EFFECTIVE DATE (MM/DD/YYYY) COVERAGE EXPIRATION DATE (MM/DD/YYYY) LIABILITY LIMITS A EXCESS WORKERS' COMPENSATION & EMPLOYER'S LIABILITY See attached Schedule of Insurers for policy numbers 07/01/2012 07/01/2013 WORKERS' COMPENSATION: Difference between Statutory and Member's $1,000,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Member's $1,000,000 Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/Locations/Vehicles/Special Items: AS RESPECTS EVIDENCE OF COVERAGE FOR USE OF EL TORO'S RUNWAY AND FACILITY FOR POLICE AUTOMOTIVE TRAINING FROM MARCH 25, 2013 THROUGH MAY 03, 2013. Cancellation Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES AUTOMOTIVE MARKETING CONSULTANTS, INC. (AMCI) BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. 4755 ALLA ROAD MARINA DEL REY, CA 90292 AUTHORIZED REPRESENTATIVE �vvH CSAC EXCESS INSURANCE AUTHORITY HB -565- Page 1 Ot "L Item 15. - 15 CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION PROGRAM 2012/2013 SCHEDULE OF INSURERS Big Independent Cities Excess Pool (BICEP) member agencies (as endorsed) City of Huntington Beach PROVIDER MEMORANDUM/POLICY LIMIT NUMBER CSAC Excess Insurance Authority EIA-PE 12 EWC-05 Workers' Compensation: $50,000,000 each accident/each employee for disease $50,000,000 each accident/each employee for communicable disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each Accident $5,000,000 each Employee for Disease (Difference between $5,000,000 and the individual member's retention__ National Union Fire Insurance Co. of 91-0609 Statutory each accident/ each employee Pittsburgh, PA (Chartis) for disease excess of excess insurance policy $50,000,000 EWC above $1 MIL Item 15. - 16 xB -566- PAGE 2 of 2