Loading...
HomeMy WebLinkAboutDaimler1 SA LLC Formerly Davenport Marina - 2018-04-02 Rl''l�iC'O✓Ea 6 - O-/ C tTDQS6A,'-AFSEA,7) City of Huntington Beach File #: 21-260 MEETING DATE: 5/3/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby. Director of Public Works Subject: Approve and authorize execution of Amendment No. 1 to Memorandum of Understanding (MOU) with the new owner of Davenport Marina. Daimlerl SA LLC for the Installation and Maintenance of the Marina Trash Skimmer at Davenport Marina Statement of Issue: The existing MOU between the City and the previous owners of Davenport Marina (Stanko family) needs to be amended. as Davenport Marina was recently sold by the Stanko family to Daimlerl SA, LLC. The City Council approved the original MOU in April 2018 for the installation and maintenance of the Marina Trash Skimmer installed at Davenport Marina Financial Impact: On July 17, 2017, the City Council authorized the purchase and installation of the Marina Trash Skimmer (MTS) at Davenport Marina. The MTS unit at Davenport Marina was installed in 2018. and ongoing maintenance costs will be funded within existing and future Public Works maintenance budgets Recommended Action: Approve and authorize the City Clerk to execute "Amendment No. 1 to the Memorandum of Understanding Between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour," with the new owner of Davenport Marina. Daimlerl SA LLC. Alternative Action(s): Do not approve amending the MOU and direct staff accordingly. Analysis: In April 2016. the City of Huntington Beach partnered with Davenport Marina, Peters Landing Marina. Huntington Harbour Marina, and OC Parks to apply for a grant from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program (ECP) Tier 1 . to City of Huntington Beach Fag, t o'2 jetl on 428 2,21 239 . File #: 21-260 MEETING DATE: 5/3/2021 purchase and install Marina Trash Skimmer (MTS) units, which was ultimately awarded. These MTS units were purchased by the City and installed between July 2017 and March 2019 in various locations within the waters of Huntington Harbour in order to remove floating and partially- submerged trash and debris, as well as remove hydrocarbons from the surface. The MOU between the City and the grant partners, including Davenport Marina, formally authorizes the installation and establishes maintenance responsibilities of the MTS units at the various locations for the next ten years. The City previously executed an MOU between the City and grant partner Davenport Marina in April 2018. The existing MOU between the City and the previous owners of Davenport Marina (Stanko family) needs to be amended, as Davenport Marina was recently sold by the Stanko family to Daimlerl SA, LLC. The MOUs between the City and the grant partners establishes the responsibilities for the MTS units for the next ten years, once installed. The amended MOU will expire in 2028. The MOU will require the partners to provide and pay for the electrical power to power the MTS units and conduct weekly routine maintenance. The City will conduct the quarterly maintenance and perform other maintenance, such as replacing parts. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1) Amendment No.1 to the Memorandum of Understanding Between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour. City of Huntington Beach Page 2 of 2 Printed on 4/28/2021 p ereNQ Legiswl- AMENDMUNT NO. I •I.O•rl IU MEMORANDUM OP UNDERSTANDING BETWEEN THE C1•IY OF IR NTINGI'ON BEACH AND DAVENPORT ;MARINA FOR 1liE INSTALLATION AND MAINTENANCE OF MARINA TRASII SKIMtvll.-R(S) IN HUNTINGrON IIARBOUR THIS ANIEN'DMENT is made and entered into by and between the CITY OF HUNTINGrON BEACH, it California municipal corporation, hereinafter referred Was "City:' and DAVI NPORT MARINA (FORMERLY OWNED BY JOIIN STANKO), it California business organization. hereinafter referred to as "Partner." WHEREAS, City and Partner are parties to that certain agreement, dated April 4, 2018, as amended, entitled "Memorandum of Understanding Between the City of Huntington Reach and Davenport ivlarina for the Installation and Nlainlenance of Marina Trash Skintmer(s) in Huntington Harbour" which agreement shall hereinafter bc.referred to as the "Original Agreement'% and City and Partner wish to amend the Original Agreement to change the companN owner name to Daimlerl SA LLC. NOW, TFIEREFORE, it is agreed by City and Partner as follows: I. NAME Cl IANGE Owner name of Davenport Marina is changed to: Daimlerl SA LLC ATTN: Pierce Stemler 2505 \Vest Coast I lighway, Suite 201 Newport Reach, CA 92663 (949) 244-0331 2. RE.AFFIRMATION Uscept as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 20-8900R43064 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on May 3 . 2021. PARTNER, CITY OF HUNTINGTON BEACH. Daimler] SA LLC ,!' a municipal corporation of the State of California eA-e I& Sean Er—u-mby Director/Chief t" Prim nan !Pursuant Tn HSMC' .U3.100) ITS: �drde onq Chamimn 1'%,idcm Vkc President AND APPROVED AS TO FORM: By: n )%-� ( �-'L N^ City ey print rt r ITS: trade w ,Srcreta chief Finatxiai Ottixr.4sa. pate Seeman_ - trcawrcr RECEIVE AND FILE: City Clerk Date 10-8900243064 '- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ �ti��,�v.htintingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk May 4, 2021 Daimler1 SA LLC Attn: Pierce Stemler 2505 West Coast Highway, Suite 201 Newport Beach, CA 92663 Dear Mr. Stemler: Enclosed is a copy of the "Amendment No. 1 to the Memorandum of Understanding between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour" approved by the Huntington Beach City Council on May 3, 2021. Sincerely, Robin Estaq4au, C City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand Dept. ID Pw 17-066 Page 1 of 2 Meeting Date:4/2/2018 19f—Pk0VE7T) 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/2/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A, Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Grant Partner Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer at Davenport Marina Statement of Issue: The City has previously executed MOUs with Peter's Landing Marina, and Huntington Harbour Marina staff is now requesting the approval and execution of an MOU with Davenport Marina. The Mayor and City Council previously accepted and authorized the expending of grant funds in the amount of$73,118, at the June 19, 2017, City Council meeting. Financial Impact: The City Council has already authorized the purchase and installation of the Marina Trash Skimmer (MTS) at Davenport Marina at the July 17, 2017, City Council meeting, Funds were included in the FY 16-17 CIP budget. Ongoing maintenance costs will be covered in the existing and future Public Works maintenance budgets. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Memorandum Of Understanding Between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer in Huntington Harbour." Alternative Action(s): Do not execute MOU between City and Davenport Marina and direct staff on how to proceed. Analysis: In April of 2016, the City of Huntington Beach partnered with Westchester Bay Home Owner's Association (HOA), Peter's Landing Marina, Huntington Harbour Marina, and Orange County Parks and applied for and was awarded a grant from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program (ECP), Tier 1, to purchase and install Marina Trash Skimmer (MTS) units, These MTS units will be purchased and installed in different locations within the waters of Huntington Harbour to remove floating and partially submerged trash and debris as well as hydro-carbons from the surface, The units will be purchased by the City and installed by an authorized vendor. The MOU between the City and the grant partners, including Davenport Marina, will formally authorize the installation and establish maintenance responsibilities of the MTS units at the various locations for the next ten years. HB -127- Item 4. - I Dept.ID PW 17-066 Page 2 of 2 Meeting Date:4/2/2018 The City has already executed MOUs between the City and grant partners Peter's Landing Marina and Huntington Harbour Marina, as approved for execution by the Mayor and City Clerk at the June 19, 2017, City Council meeting, and with OC Parks at the July 17, 2017, City Council meeting. The Mayor and City Council also accepted and authorized the expending of grant funds in the amount of $73,118, at the June 19, 2017, City Council meeting„ The OCTA Measure M2 ECP, Tier 1 grant funding program is designed to mitigate the more visible forms of pollution, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. The program enables eligible jurisdictions to purchase and install structural best management practices such as screens, filters, and other "street scale" low flow diversion devices to address these pollutants and mitigate the impact to local water bodies, In partnership with Westchester Bay HOA, Peter's Landing Marina, Huntington Harbour Marina, and OC Parks the City applied for and was awarded grant funding in the amount of$73,118, Total projected costs associated with the purchase, delivery, and installation of the MTS units is $97,486.54, As part of the grant application, the City and OC Parks have agreed to divide the matching portion of the grant (25%) and contribute $12,185.82 each to meet the grant requirements. Once purchased, delivered and installed at the pre-designated locations, the MTS units are designed to draw in floating and partially submerged debris, such as plastics, bottles, paper, oil sheens, and organic materials. The installation of MTS units in the Harbor will enable the City to reduce the amount of trash and debris reaching the open ocean. The MTS devices, once installed, will require weekly and quarterly maintenance. The weekly maintenance will be conducted by the staff or approved contractor working on behalf of the grant partners, Weekly maintenance includes removing the accumulated trash and verifying that the unit(s) are operating properly. Quarterly maintenance which is more extensive and includes replacing filters and routine maintenance on the intake pump system will be conducted by an authorized vendor as contracted by the Public Works Department. The MOUs between the City and the grant partners establishes the responsibilities for the MTS units for the next 10 years, once purchased and installed. The MOU will require the partners to provide and pay for the electrical power to power the MTS units and conduct weekly routine maintenance. The City will conduct the quarterly maintenance and perform other maintenance such as replacing parts. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachments): 1. Memorandum Of Understanding Between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer in Huntington Harbour Item 4. - 2 H B -128_ IMEMORANDUiiii OF UNDERSTANDi NG BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVENPORT MARINA FOR THE INSTALLATION AND MAINTENANCE OF MARINA TRASH SKIMMER(S) IN HUNTINGTON HARBOUR THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on December 7, 20174by and between the CITY OF HUNTINGTON, a municipal corporation of the State of California(hereinafter referred to as "CITY"), and DAVENPORT MARINA, a California business organization.* A PPP- )VEb Ili cdwv(:.it- 141-0 i q WHEREAS, the CITY is committed to the protection of water quality of Huntington Harbour and enhancing the aesthetic and ecological quality and benefits of the waters, beaches, and marinas within Huntington Harbour which is a significant coastal resource providing the CITY's residents and visitors with economic and social benefits such as boating, swimming, and kayaking, and In addition to the social and economic benefits, the waters of Huntington Harbour are directly connected to the Bolsa Chica Wetlands which is one of the last undisturbed coastal wetlands in California providing important nesting and breeding grounds for migratory and native bird species, breeding and spawn habitat for fish, and a safe haven for many endangered and rare species, and The CITY has received a grant from the Orange County Transportation Authority 2016 Measure M2 Tier 1 funding to purchase and install Marina Trash Skimmers to remove floating and partially submerged trash and debris as well as hydrocarbons from the surface waters of Huntington Harbour, and The Marina Trash Skimmers will be installed in areas where trash and debris tend to accumulate to maximize the amount of trash and debris collected and removed from the waters within Huntington Harbour. The City has partnered with private and public partners to identify appropriate locations to install the Marina Trash Skimmers including DAVENPORT MARINA (hereinafter referred to as "PARTNER"). NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intended to be legally bound, the parties covenant and agree as follows: 17-5705.001/168274/mv 1 SECTiON 1. TERM This MOU will become effective on the date it is approved by CITY COUNCIL and shall terminate ten (10) years thereafter, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this Agreement may be extended for an additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this Agreement shall be as follows: 1. CITY shall purchase and install the Marina Trash Skimmer(s) at the pre- designated location(s) as agreed by the City and PARTNER in accordance with the manufacturer's specification. 2. CITY shall contract with the manufacturer for the delivery and installation of the Marina Trash Skimmer(s) and appurtenances. 3. CITY shall acquire the required permits and/or approvals for the installation of the Marina Trash Skimmer(s) and appurtenances. 4. CITY and/or the CITY's agent shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be conducted on a monthly and quarterly basis. 5. CITY and/or the CITY's agent shall repair or replace any parts of other auxiliary components required for the proper function of the Marina Trash Skimmer(s) throughout the duration of the MOU. SECTION 3. OBLIGATIONS OF PARTNER The obligations of the PARTNER pursuant to this Agreement shall be as follow: 1. PARTNER shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be performed on a weekly basis. 2. PARTNER shall provide access to CITY personnel or agent to the CITY for maintenance purposes. 17-5705.001/168274/mv 2 3. PARTNER shall notify the CITY prior to disconnecting electrical power to the Marina Trash Skimmer(s) or conducting any actions that would restrict or impair the functionality or efficiency of the Marina Trash Skimmer(s). 4. PARTNER shall request prior approval from the CITY prior to relocating the Marina Trash Skimmers. 5. PARTNER shall provide electrical power to the Marina Trash Skimmer(s) and incur the financial obligations required to provide electrical power. 6. PARTNER shall provide access in a timely manner to CITY staff or contracted staff to perform inspections and maintenance of the Marina Trash Skimmer(s) as necessary. 7. PARTNER shall notify the CITY to report damages or loss of function of the Marina Trash Skimmer(s) within forty-eight (48) hours. SECTION 4. HOLD HARMLESS PARTNER shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents (CITY) from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with the installation, maintenance, and performance of the Marina Trash Skimmer(s) or its failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of CITY or contractors working at the behest of the CITY. SECTION 5. WORKER'S COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, PARTNER acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation. PARTNER covenants that it will comply with all such laws and provisions prior to commencing performance of the work pursuant to this agreement. As required by the State of California, PARTNER shall maintain such Workers' Compensation Insurance per Statutory Limits, and Employer's Liability insurance in an amount of not less than One Million Dollars ($1,000,000) per accident for bodily injury or disease, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to the City. 17-5705.001/168274/mv 3 SECTION 6. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and PARTNER's covenant to indemnify CITY and its agent, PARTNER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that PARTNER's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a"deductible", or any other similar form of limitation on the required coverage. SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, PARTNER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: (1) Provide the name and policy number of each carrier and policy; (2) State that the policy is currently in force; and (3) Promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. PARTNER shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from PARTNER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or 17-5705.001/168274/mv 4 a copy of any or all of the policies of insurance. PARTNER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 8. ASSIGNING AS BREACH PARTNER shall not encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the CITY. Any encumbrance, assignment or transfer, without the prior written consent of the CITY, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the CITY, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST PARTNER shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 11. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 12. WAIVER OF BREACH The waiver by CITY of any breach by PARTNER of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by PARTNER, either of the same or another provision of this MOU. 17-5705.001/168274/mv 5 SECTION 13. FORCE MAJEURE—UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or PARTNER be prevented or delayed by reason of an act of God, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY PARTNER City of Huntington Beach Davenport Marina Attn: Jim Merid, Environmental Specialist Attn: John Stanko Public Works Department Street Address: 4052 Davenport Drive 2000 Main Street, P. O. Box 190 Huntington Beach, CA 92649 Huntington Beach, CA 92648 Phone (714) 840-6285 Phone: (714) 536-5431 Email: mickhermes@gmail.com Email: JMerid(�;;surfcity-hb.orQ SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 16. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. 17-5705.001/168274/mv 6 SECTION 17. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 18. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 19. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by PARTNER under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 20. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, employee or agent of CITY shall be personally liable to PARTNER, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to PARTNER, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 21. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. Removal of the Marina Trash Skimmer(s) to occur within one hundred twenty (120) days of notice of termination. 17-5705.001/168274/mv 7 SECTION 22. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and PARTNER, or their successors in interest. SECTION 23. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 24. NO TITLE INTEREST No title interest of any kind is hereby given and PARTNER shall never assert any claim or title to the Marina Trash Skimmer(s) or any other public property. SECTION 25. ENTIRETY The foregoing sets for the entire agreement between the parties. 17-5705.001/168274/mv 8 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. DAVENPORT MARINA, CITY OF HUNTINGTON BEACH, a California business organization a municipal coreoration of the State of Californi By: arc ' Mayor �s-14,vl/6 e- e- 0 Print Name ATTEST: n s Title City Clerk INITIATED AND APP VED: Director of ublic Works REVI A4ND APPROVED: iffy Manager APPROVED AS ity Attorney Iw 17-5705.001/168274/mv 9 DATE(MMIDDlYYYY) ACOO CERTIFICATE OF LIABILITY INSURANCE 01/26/2018 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain polfcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rich Higgins Bannister & Associates Insurance Agency PHONE FAX CA License #0691071 (714) 536-6086 A/C No:(714) 536-4054 305 17th Street E-MAIL ADDRESS: richobai-ins.com Huntington Beach CA 92648 INSURERS AFFORDING COVERAGE NAICp I INSURERA;Navigators Insurance Company 42307 1 INSURED (310) 548-1450 INSURER B: Stanko Family Trust and Davenport Marina INSURER C: 7 Hitching Post Drive INSURER D: Rolling Hill Estate CA 90274 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 1334 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R TYPE OF ADDLSUBR POLICYEFF POLICY EXP LIMITS LTR 5 POLICYNUMBER MMIDDIYYYY MMIDD/Yl'YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 n CA AGE O RENTED CLAIMS-MADE LXI OCCUR Y SFI7LIA00336501 05/Ol/2017 05/11/2018 PREMISES Eaocarrrence $ 100,000 X Marine General and M ED EXP(Any one person) S 10,000 X Marina Operator's PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY PRO-JEC7 ❑LOG PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY APPROVED A5 O FE COMBINED SINGLE LIMIT $ Ea accident ANY AUTO ` BODILY INJURY(Per person) S OWNED SCHEDULED p �` BODILY INJURY(Per accident) 3AUTOS ONLY AUTOS By: -HIRED NON-OWNED �HAL�, ' r1ffiPRDPERTY DAMAGE AUTOS ONLY AUTOS ONLY rgpa f,�C7,pi �91Par accident $ i W l!t 11 TT 7i�I�r Ccff 3 IJUT UMBRELLALIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEC) RETENTION$ $ WORKERS COMPENSATION STATUTE EERH AND EMPLOYERS'LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTIVE ❑ N 1 A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ ; If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I $ $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached It more space Is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds with respects commercial marine general, marina operator's and premises liability policy limits. APPROVED B ICHAEL E.GATE CERTIFICATE HOLDER CANCELLATION Wi I=TNrTON BEACH SHOULD ANY OF THE AB E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE l Huntington Beach CA 92648 I ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016f03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 i I i i Stanko Family Trust Page 1 of 1 i Attaching to and forming part of POLICY NUMBER SF17LIA00336601 i I I ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 It is understood and agreed that the City of Hungtington Beach, its officers, electred or appointed officials, employees, agents and volunteers thereof while operating in their capacity as such are hereby named as ADDITIONAL ASSUREDS under this policy as respects liabilities to thir parties and defense of claims and lawsuits arising out of the use of premises of the Additional Insured and/or negligent work or operations and/or ownership or operation of vessels of the Named Insured and its officers, employees and/or sub- contractors during the term of this policy, This policy shall be the principal coverage as respects the liabilities of the NAMED INSURED and any other insurance carried by the ADDITIONAL INSURED shall not be contributory as respects liabilities of the Named Insured. Nor shall the Additional Insured be responsible for any premium or deductible hereunder. 1 This Endorsement shall include"Severability of Interest" as respects the liabilities of each Insured named hereon, bu the naming of Additional Insured(s) hereto shall not increase the limit of liability of this policy arising out of any one accident or occurrence. In the event of cancellation of the policy or this endorsement or material change in coverage of this policy, 30 days written notice shall be given to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 i All other terms and conditions remain unchanged. `ram Date of Issue: January 29, 2018 i i 1 NAVIGATORS Insuring A World In Motion® i i i i i i i i i I i i S ity CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 i Hu a Declaration of Non-Employer Status i In order to comply with the City Council Resolution No.6277.you are required to provide proof of Workers' Compensation Insurance. if you have no employees,this form must be signed and returned to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that In the performance of the activity or work for which this permit Is Issued. I shall not employ any person In any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if i hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: ZJa e q 0dr 71 � / i Address: Applicant's Signature: Title: _4en er4,1 TJslrfi�p.. Location Signed: / ,1 e. Date Signed: 2 e/If Telephone Number: 7/4 Y--VQ �p2dr.5" I i I i i City of Huntington Beach an•• .F HI:.:ii9: 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov �7.1909 Office of the City Clerk Robin Estanislau, City Clerk April 9, 2018 Davenport Marina Attn: John Stanko 4052 Davenport Drive Huntington Beach, CA 92649 Dear Mr. Stanko: Enclosed is a copy of the fully executed "Memorandum of Understanding Between the City of Huntington Beach and Davenport Marina For The Installation And Maintenance Of Marina Trash Skimmer(s) In Huntington Harbour." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand