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HomeMy WebLinkAboutHUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU - Public Relations Services - FY 1996-97 10/7/96 - 1996-10-07CITY OF HUNTINGTON BEACH [Oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 7, 1996 Ms. Diane Baker, President Huntington Beach Conference and. Visitors Bureau 101 Main Street, Suite 2A Huntington Beach, California 92648 Dear Ms. Baker; The City Council of the City of Huntington Beach at the regular meeting held October 7, 1996, approved execution of the enclosed grant agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau for public relations services. Enclosed is a duly executed copy of the agreement for your records. Sincerely, 6-)L/1,U� `& Au"-O-'r Connie Brockway City Clerk Enclosure: Agreement CC: Economic Development G:followup:agrmtltr/HB Conf/Visitors:jc (Telephone: 714-536-5227) GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU FOR PUBLIC RELATIONS SERVICES THIS AGREEMENT is made and entered into this 7 t h day of October 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and the HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, a California non-profit corporation, hereinafter referred to as "GRANTEE." WHEREAS, CITY desires to grant funds to GRANTEE to perform promotional services, and provide a conference and visitors bureau in the City of Huntington Beach; and GRANTEE has agreed to accept such funds and to perform such services; NOW, THEREFORE, it is agreed by CITY and GRANTEE as follows: 1. GRANT OF FUNDS CITY hereby grants to GRANTEE the sum of One Hundred Ninety Thousand Dollars ($190,000). 2. PUBLIC PURPOSES LIMITATION/DURATION OF AGREEMENT All funds granted herein shall be used only for the promotion of the City of Huntington Beach, to attract visitors and convention business, to provide information to persons interested in doing business in the community, and to. operate a conference and visitors bureau to benefit the CITY. These services of the GRANTEE are to 1 7/Wv1sM/9/19196 • • commence as soon as practicable after the execution of this Agreement and all tasks shall be completed no later that September 30, 1997. 3. RECORDS GRANTEE shall maintain separate accounting records for all funds received from CITY under this Agreement. GRANTEE further agrees that all of its records, including those pertaining to funds received from CITY and all other funds received by GRANTEE, must be maintained in accordance with standard accounting procedures and principles. GRANTEE further agrees that within sixty (60) days after termination of this Agreement, GRANTEE shall submit to CITY, a final financial statement detailing all expenditures made and all income received during the effective period of this Agreement. All accounting records and evidence pertaining to all costs of GRANTEE shall be kept available at GRANTEE's office, or place of business for a period of not less than three (3) years after funds are granted to GRANTEE. GRANTEE shall make all of its records available to CITY during regular business hours for the purpose of auditing and shall furnish clerical assistance for this purpose to CITY's auditor as required. GRANTEE shall furnish copies of all records to CITY on request. GRANTEE agrees to implement all recommendations made by CITY's auditor, if any. In the event GRANTEE does not make its books and financial records available within the City of Huntington Beach, GRANTEE agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 2 7/Wvisit96/9h 9/96 4. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section §1861, GRANTEE acknowledges awareness of Section. 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; GRANTEE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. GRANTEE shall maintain such workers compensation insurance in an amount of not less than One Hundred Thousand dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. GRANTEE shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees.. GRANTEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the worker's compensation insurance and GRANTEE shall similarly require all subcontractors to waive subrogation. 5. INSURANCE. In addition to the workers compensation insurance and GRANTEE's covenant to indemnify CITY, GRANTEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify GRANTEE, its officers, agents and employees, while acting within the scope. of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property 3 7/kMsU96/9N 9/96 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 officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that GRANTEE's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contairi a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 6. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, GRANTEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. ' shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." 4 7/kMsM/9/19/96 • • GRANTEE shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by GRANTEE under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. GRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of GRANTEE's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 7. . INDEPENDENT CONTRACTOR GRANTEE is, and shall be, acting at all times in the performance of.the services of this Agreement as an independent contractor. GRANTEE shall secure at its expense, and be responsible for any and all payment of taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 8. CITY EMPLOYEES AND OFFICIALS GRANTEE shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have 5 7/kMsit96/9/19/96 Ol 0 any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 9. INDEMNIFICATION AND HOLD HARMLESS GRANTEE hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the activities and performance of this agreement by GRANTEE, its officers or employees. 10. NON-DISCRIMINATION In the performance of this Agreement GRANTEE shall not discriminate against any employee or applicant for employment on the basis of race, sex, color, religion, ancestry, national origin, age or as an otherwise qualified handicapped individual. This prohibition shall pertain to employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to employment matters, and shall also apply to proscribe discrimination in any program or activity funded in whole or in part with funds made available under this Agreement. 11. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by GRANTEE to any other person or entity without the consent of CITY. 6 7/k/v1sit96/9/19/96 12. COPYRIGHT/PATENTS CITY shall own all rights to any patent or copyright on any work, time or material .produced as a result of this Agreement. 13. IMMIGRATION GRANTEE shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provision of the United States Code regarding employment verification. 14. LEGAL SERVICES SUBCONTRACTING PROHIBITED GRANTEE and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. GRANTEE understands that pursuant to Huntington Beach City Charter §309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal service expenses incurred by GRANTEE. 15. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 16. ENTIRETY The foregoing sets. forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. 7 VkM096/9i1s/ss ,7 HUNTINGTON BEACH CONFERENCE AND VISiTORS BUREAU, a California corporation: By:— .. print name ITS: (circle or4CK�Ir!surer By: 9,tA- 6-A, - -cigrgido- print name ITS: (circle one) 'a resident is dmih • / CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: dwaf;o City Clerk ,J APPROVED AS TO FORM:' ity Attorney , FAA( �b XED AND APPROVED: � A Ct,Ur ctor of Economic Development 7/k/vis1t96/9/19/96 Council/Agency Meeting Held: /or 74(. Deferred/Continued to: 3 Approved `$C n itio all Ap r ved ❑ enie City Clerk's Sign re Council Meeting Date: October 7, 1996 Department ID Number: ED 96-63 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator- PREPARED BY: DAVID C. BIGGS, Director of Economic Developmen 4-t- L SUBJECT: APPROVAL OF GRANT AGREEMENT WITH THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INC. (HBCVB) FOR FISCAL YEAR 1996-97 Statement of Issue, Funding Source, Recommended Action, Alternative Actionts►, Analysis, Environmental Status, Attachmen Statement of Issue: The Huntington Beach Conference and Visitors Bureau submitted its annual request for funds for the 1996-97 fiscal year in the amount of $190,000. This is the same dollar amount as granted by the City in the current fiscal year. Staff is now recommending approval of the attached 12 month contract for $190,000 for Fiscal Year 1996/97. Funding Source: Grant Agreement adopted in FY 1996/97 budget. Recommended Action: 1. Note in City official record that Council Members Garofalo and Green have "remote interest" in the Agreement, pursuant to Government Code Section 1091 (a) and (b)(1), and that vote by City Council on this Agreement will be held in accordance with the guidelines set forth in Section 1091. (See "additional explanation in Analysis section). 2. Approve the attached Grant Agreement between the City of Huntington Beach and the Conference and Visitor Bureau and authorize the Mayor and City Clerk to execute the document and release funds of $190,000. E-C;)-, LI R QUEST FOR COUNCIL ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: ED 96-63 Alternative Action(s): Modify portions of the Agreement. Analysis: The Huntington Beach Conference and Visitors Bureau was formed in November 1989 to represent the community in the solicitation of leisure travelers, tour groups, and conferences. The Bureau has developed a Huntington Beach Visitor's Guide, a Meeting Planners' Kit, and a four-color rack brochure in five languages. The Bureau is also the place where visitors find information about what to see and do in Huntington Beach and the surrounding area. Their focus for the 1996-97 fiscal year will be on marketing the Eco- tourism opportunities in the City and to continue world-wide marketing for visitors. Note that Council Members Garofalo and Green- are members of the Board of Directors of this non-profit corporation. They receive no compensation for their services. As such, they are considered "remotely interested" in this contract; as that term is used in California Government Code Section 1091. Before the vote on the question of entering into the Agreement, this remote interest must be noted in the "official records, and thereafter the body or board [i.e., City Council] authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for -the purpose without counting the vote or votes of the officer or member with the remote interest." Environmental Status: Not Applicable. Attachment(s): cn m _ 1. Grant Agreement m 2. HBCVB 1996-97 - 12 Month Budget n A 3. Letter of August 28, 1996 � = o Government Code Section 1091 .4. m RCA9663.DOC -2- 09/24/96 4:41 PM HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU. BUDGET FISCAL YEAR OCTOBER 1, 1996 TO SEPTEMBER 30, 1997 Accounting/Audit $ 1,500.00 Auto 2,400.00 Exhibit/Seminar/Registration Fees 3,000.00 Familiarization 3,000.00 Fixtures/Furniture/Computer 2,000.00 Health Insurance 6,200.00 Liability Insurance 3,150.00 Maintenance/Lease Equipment 1,500.00 Managers Expenses 3,000.00 Office Supplies 2,500.00 Payroll Taxes 9,000.00 Pension 4,000.00 Postage 6,250.00 Printing/Photo/Promo 7,500.00 Rent 19,000.00 Salaries 104,000.00 Subscriptions/Dues 3,500.00 Telephone 5,500.00 Travel Expenses 3,000.00 TOTAL $190,000.00 HHH110010H Beach Southern Califori ia's Coastal Playgiou.nd David Biggs Economic Development Director City of Huntington Beach 200 Main St. Huntington Beach, Ca 92648 Dear David: RECEIVED AUG 2 9 1996 ECONOMIC DEPARTMENT EVELOPMENT August 28, 1996 The Huntington Beach Conference and Visitors Bureau would like to request $190,000 for fiscal year 1996/97 to be used by the Bureau for marketing, operating, publicizing, and promoting the City of Huntington Beach as a destination city for all travelers. The $190,000 request is the same amount we received last year. We are not asking to be increased. The line item numbers are different to accommodate increased utility, maintenance, telephone, postage, and office supplies,total is the same. Thank you David for your understanding of the visitor industry and for the City's continued support to recognize the Bureau as an economic generator. Tracking the Transient Occupancy Tax over the past five years shows significant increases each year. Last year we exceed the previous year amount by $200,000. This year it will probably be closer to a $300,000 increase over the previous year. See budget attached. Sincerely, Diane Baker President DB/pt 101 Main Street, Suite 2A, Huntington Beach, California 92648. 714 - 969 - 3492 • FAX 714 - 969 - 5592. 1- 800 - SAY - OCEAN GOVERNMENT CODE GOVERNMENT CODE § 1091 !M) 273 Cal.Rptr. 654, 224 Cal.App.3d 311, 34. Remedies 139, 699 P.2d 316, 38 C.3d 633, certiorari denied 106 S.CL Under statute forbidding city officers from tieing finan- 796, 474 U.S. 1057, 88 L.Ed.2d 773. w0111(1 not per se preclude nurse from being cially interested in any contract made by them in their Actual loss to city or public agency is not necessary for )spital districts board of directors. official capacity, or by any body or board of which they a violation of statute forbidding city officers from being iL iiew Local Hosp. Dist. (App. 5 Dist I(lrtr. 224 CA.App-3d 311, review de- are members, injunctive relief will lie if contract has not been performed. Thomson v. Call 09S•5) 214 Cal.Rptr. financially interested in any contract made by them in 1ti4, 139, 699 P.2d 316, 38 C.3d 633, certiorari denied 106 S.CL their official capacity or by any body or board of which , did not require nurse to resign job or 796, 474 U.S. 1057, 88 L.Ed.2d 773, they are members. Thomson v. Call (1985) 214 Cal.Rptr. 139, 699 P.2d 316, 38 C.3d 633, certiorari denied 106 S.CL wal ho.q)itn) di.:trio:s board of directows. 35. Defenses 94, 474 U.S. 1057, 88 L.Ed.2d 773. crra View Local Husp..DisL (App. 5 Dist if interest of public officer is shown in a contract, Kptt•. t',if, 224 Cal_app �d 311, review d� contract cannot he sustained under statute forbidding city City council member's disclosure of his interest in sale officers from being financially interested in any contract of property to city and the absence of fraud did not shield woulcl apply if local ho>pital districts hoard made by them in their official capacity, or by any body or officer from liability under statute forbidding city officers :as called upon to renew nurse menrller's board of which they are members, by showing that it was from being financially interested in any contract made by :pl,rvtnent or uther%vise change her employ- fair, just and equitable as to the public entity nor does fact them in their official capacity or by any body or board of hip with district by promotion or modifica- that forbidden contract would he more advantageous to which they are members. Thomson v. Call 09k5) 214 ,goat lk•»CIIL�: nurse world nut he able to public entity than others might be ]lave any bearing upon Cal.Rptr. 139, 699 Pad 316, :38 C.3d fi3, certiorari denied utaurt.. I;idtidge v. Siena Vic» LrKal question of validity. Thomson v. Call (1985) 214 Cal.Rptr. 106 S.CL 796, 4,4 U.S. 1057, 88 L.Ed.2d 773. 1pp. .', Dist.l!PW; 273 Cal.l:ptr. t;:,4. 1-1 1, review denied. § 1091. Remote interest of officer or member and i, pruhihited from entering into an (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of ve barg„"lint; „Ln-` cI!Ielu with the teachens which the officer is a member within the meaning of this article if the officer has only a remote interest in en a member of the school board is married t•;It-iwcr, csccpt under ce,-tain circumstance,. the contract and if the fact of that interest is disclose(I Jo Lbe body of the board of which th on 102 WiStq member • n ote( in its • s, and thereafter the body or board authorizes, approves, or Ise Ward uu•n,ber hat. been eno- i?at• tt�es to contract in good faith by a vote of its membership sufficient for the purpose without counting of school of district for several vem..hefore board the vote or votes of the officer or member with the remote interest. tion or liar section w null pro- 1,,Yed spouse from being promoted if such (b) M used in this article, "remote interest" means any of the following: fives any action by the :-xird itself: it would (1) That of an officer or employee of a nonprofit corporation, except as provided in paragraph (8) of ..c spume rrmn heirg ;ii•pointed to a differ- subdivision (a) of Section 1091.5 :,t positiun with the sc hr-d district. Op,. 11-1-1986. (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other industry council employees and if the officer'was an employee or agent of that contracting party for at least three years ,;it that the ttarwaoir•n come: within the prior to the officer initially accepting his or her office. rest rest, ictiun.s of CETA ur of . 87100, a ry council formed ogler CETA may con- For purposes of this paragraph, time of employment with the contracting patty by the officer shall be he financed by CETA funds, with a counted in computing the three -ye u period specified in this paragraph even though the contracting party :orpm•ation cve:, though some mc:n- has been converted from one form of business organization to a different form of business organization III- . f directors of the cuiln,n.rtion :tr•e also within three years of the initial taking of office by the officer. Tirne of employment in that case shall be :c private industry council so long as those counted only if, after the transfer or change in organization, the real or ultimate ownership of the :rs having a "financial interest- in the con- contracting party is the same or substantially similar to that which existed before the transfer or change lie ,ncaning of thosc.ct:,tutes refrain from in organization. For purposes of this paragraph, stockholders, bondholdcrti,.p:utncrs, or other persons inanci ali�\in(crestcrt(`\s. such ; rhz cnnu�actl%ith n holdingan interest in the contracting art • are regarded as having the "real or ultimate ownership" of !; party b' g p„ of this section in ••vhich case the pui•:ate the contracting party. ,A may not enter i :o such contract. 65 (3) That of an employee or agent of the contracting party, if all of the following conditions are met: .11, 1-21-ti2. of consideration paid (A) The agency of which the person is an officer is a local public agency located in a county with a council member violated statute forbidding population of less than 4,000,000. 'cnn being financially in:erected in any con- (B) The contract is competitively hid and is not for personal services. : them in their official capacity. or by any of which they are membem when a colxr (C) The employee or agent is not in a ptimary management capacity with the contracting party, is not a parcel of landfrom city council member an officer or director of the contracting party, and holds no ownership interest in the contracting party. parcel to c!ty, city was entitled tan reL•tin 'te same time recover purchase price plus (D) The contracting party has 10 or more other employees. msnn v. Call 098a;)) 214 Cal.11pt.r. 139• 09 - 3d M3. certinrari denial 106 S.Ct. 796. 474 (E) The employee or agent did not directly participate in formulating the bid of the contracting party. I..l•:d UI i i:{. (N_) The contracting party is the lowest responsible bidder. of eta3. forhidr!ir city offices from ;y interested in any contract made by them (4) That of a patent in the earnings of his or her minor child for personal services. capacity, or by any'Ki lv or hoard of which hers, city or agency is entitled to recover (5) That of a landlord or tenant of the contracting party. ;ion which it has paid: without restoring crl under the contract. Thomson v. Call (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a J.l{ptr. 139, 699 P.2d 316. 3S C.3d rM. firm which renders, or his rendered, service to the contracting party in the capacity of stockbroker, rd tor, S.Ct..79G, 474 U.S. IOSi, 88 L.Ed 2d insurance agent,. insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract. :lions by asterisks • ' Additions or changes indicated by underline; deletions by asterisks • ' ' 1.53 Y l.. 1091.5 PUBLIC OFFICERS AND EMPLOYEES Title 1 1091.5. Ownership of corporate shares; reimbursement for ex- penses; recipient of public services; landlord or ten- ant contracting with federal.or state agencies; em- ployment of spouse; officer, director, or employee of bank or savings and loan association (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following: (1) The ownership of less than 3 percent of the shares of a cor- poration for profit, provided the total annual income to him 'or her from dividends, including the value of stock dividends, from the cor- poration does not exceed 5 percent of his or her total annual income, and any other payments made to him or her by the corporation do not , exceed 5 percent of his or her total annual income. (2) That of an officer in being reimbursed for his or. her actual and necessary expenses incurred in the performance of official duty. (3) That of a recipient of public services generally provided by the public body or board of which he or she is a member, on the same terms and conditions as if he or she were not a member of the board. (4) That of a landlord or tenant of the contracting party if such contracting party is the federal government or any federal depart- ment or agency, this state or an adjoining state, any department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, 'or any public corporation or special, judi- cial, or other public district of this state or an adjoining state unless the subject matter of such contract is the property in which such offi- cer or employee has such interest as landlord or tenant in which event his or her interest shall be deemed a remote interest within the mean- ing of, and subject to, the provisions of Section 1091. (5) That of a tenant in a public housing authority created pur- suant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code in which he or she serves as a member of the board of commissioners of the authority or of a community develop- ment commission created pursuant to Part 1.7 (commencing with Sec- tion 34100) of Division 24 of the Health and Safety Code. (6) That of a spouse of an officer or employee of a public agency in his or her spouse's employment or officeholding if his or her spouse's employment or officeholding has existed for at least one year prior to his or her election or appointment. (7) That of a nonsalaried member of a nonprofit corporation; i provided that such interest is disclosed to the body or board at the time t r 760 I i Div. 4 INTEREST IN CONTRACTS, ETC. § .1091.5 of the first consideration of the contract, and provided further that such interest is noted in its official records. (8) That of a noncompensated officer of a nonprofit, tax-exempt corporation, which, as-one,of.its primary purposes, supports the func- tions of the body or board or to which the body or board has a legal obligation to give particular consideration,_ and provided further that such interest is noted in its official records. For purposes of this paragraph an officer is "noncom pensa ted" even though he or she receives reimburseinent from the nonprofit, tax-exempt corporation for necessary travel and other actual expenses incurred in performing duties.of his or her office. (b) An officer or employee shall not be deemed to be interested t in a contract made pursuant to. competitive bidding under a procedure established by law if his or her sole interest is that of an officer, di- ll rector, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or de- positor, debtor or creditor. ,y (Added by Stats.1959, c. 427, p. 2367, § 2. Amended by Stats.1961, .c. 381, :e p. 1435, § 2; Stats.1963, c. 1950, p. 4016, § 2; Stats.1968, c., 1276, p. 2401, 1; Stats.19 71, c. 1054, p. 2009, § 1; Stats.1973, c. 414, p. 879, § 1; Stats. ,h 1975, c. 611, p. 1334, § 1; Stats.1977, c. 706, p. 2266, § 2; Stats.1980, c. 110, § 2, urgency, eff. May 20, 1980.) o,. Historical Note I- As enacted in 19:79 this section rend: The 1975 amendment inserted "of the ASS "An officer shall not be deemed to be in- authority or of a community development terested in a contract if his interest is: commission created pursuant to Part 1.7 fl- (a) the ownership of less than 3 percent (commencing with Section 3.1100) of Div!- ,nt of the shares of a corporation for profit: siun 2.1 of the health and Safety Code" in ` (b) that of an officer in being reimbursed snhd. (1)(e). Sri- for his nctual and necessary espeuses in- The .11177 amendtncut substituted "of" curved in the performance of official for "or" in subd. (1) (c) precediug "public duty." services" and added subd. (1) (g). lur- The 1961 amendment added subd. The 1950 nmendmcut changed the desig- the (1) (c)- - nations from subds. (.1) (n) to (g) and the The 19G3 nmendment referred to cm- subd. (2) to subd. (a)(1) to (7) and subd. ployee in the introductory paragraph of (b) ; substituted at the end of the intro- lop- subd. (1) rind added the proviso in subd. diction to subd. (n) "his or her interest it; Sec- (1) (a), any of the following" for "his interest is"; suhstit.utcd throughout the rest of the see. The 19GS amendment added the provi- tiou "him or her", "his or her". and. "ire sions designated as subds. (1) (d) and (2). ur shy" for respectively "him", "his" and 'ncy The 1971 nmcudment added subd. (1) -he"; and added the two paragraphs of 1Se'$ (c)- subd. (a)(S). )r to The 1973 amendment added subd. (1) (f). tion, Cross References time y Non -conflicting acts and relationships, application of this section, see § 5922. 761 i OCT Al '96 G19:41AM ISU NORTH P.2 . {'iSR �. DATE {MMIODA'YI CER�TiF:lCl _F LIABILIT �-V _ RLfiTTB>t3 10 O1 96 PRODUCER THIS CERTIFICATE 15 ASUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISU North American Ina N1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7248 ALTER THE COVERAGE AFFORDED BY THE POLICIEBlELOW. Orange CA 92613-7248 COMPANIES AFFORDING COVERAGE ISU (Taurus Insurance Agency COMPANY . Phone No,,_ 714-771-7400 Fix No. A. American States Insurance Co. INSURED (Poo, ( D - COMPANY 14 6 094.- - Iwo B . Huntington Beach Visitors COMPANY and Conference Bureau I61-7/96 c 101 Drain Street, Ste 2.A Huntington Beach CA 92668 COMPANY D COVERAGES THIS 1$ TO CERTIFY THAT THQ POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RECUI9EMENT, 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. PO-ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY LTR E iMFFECTI E POLICY DATE EXPIRATIO LIMITS OENERALLIABILITY GENERAL AGGREGATE e2,000,000 A g COMMERCIALGENERAL LIABILITY 02-91)-354273 11/01/95 11/01/96 PRODUCTS • COMPIOP AGG t x, 000, 000 ` JCLAIMS MADE a OCCUR - PERSONAL 8 ADV INJURY - 31,000,000 OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 000, 000 1 FIRE DAMAGE (Any one lire) i 50, 000 �_ - -- - MED CAP IAnY one pemn) 45,000 - AUTOMOSILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT I i ALL OWNED AUTOS BODILY INJURY 11 SCHEDULED AUTOS APPROVED AS TOFORM.- We, pwoom f -_ -- - - — BODILY Y INJU HIRED AUTOS I GAI , fIUP 1 r1 ON - NON•OWNEO AUTOS - C I T (Per INJU TOI•r � - - --- - — . - By,:- PROPERTY DAMAGE e LIABILRY D p t C ty A ttorney AUTO ONLY • EA ACCIDENT E OTHER THAN AUTO ONLY: _GARAGE ANY A:1TQ ACCIDENT E --- _ .-_EACH AGGREGATE EXCESS LIABILITY EACH OCCURRENCE I UMBRELLA FORM - AGGREGATE __ 6 OTHER THAN UMBRELLA FORM , i I0P7n -mrl n C, ft WORKER@ COMPENSATION AND - WC ST S OTH• , ,EMPLOYER@' LIABILITY EL EACH ACCIOENT THE PROPRIETOR! INCL PARTNERSIExECUTIVE EL Dl6EA6E - POLICY LIMIT- E EL DISEASE • EA EMPLOYEE _ I OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPEMTR' SILLOCATION@iViNICLE@IBPEC I" ITEMS The Cityof Huntington Se*ch, it's l►gents, Officers, and Eaployees are herhy named an Addit1,coul Insured. "REVISED TO CORRECT POLICY SIFFRCTIVS DATE". CERTIFICATE HOLDER: ;. CANC"Lg TlQH - HUNTBBA BHOULD.ANV OF 7NS ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATS TMEREOF, THE IBBUING COMPANY WILL N4 MmEdl MA City of Huntington Beach 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE!HOLDER NAMED TO THE LEFT. Risk Management Division wArfivVe"Reallim1>m9e�r>DGA6 2000 Main Street 7WFX 5. Huntington Beach CA 92648 AUT RCPRV39NTATry s e o Age1, 0 471, ACORD 26-5 11/99) obad THIS ENDOR,._Ile CHANGES THE POLIGr. PLEASE READ .. FULLY. SURANCETATES ADDITIONAL INSURED -MANAGERS OR . smr LINCOLN NATIONAL CORPORATION LESSORS OF PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE' Designation of Premises (Part Leased to You): 101 Main St., Ste. 2A, Huntington Beach, Ca. Name of Person or Organization (Additional Insured): The City Of Huntington Beach, It's.Officers & Employees Additional Premium: Incl. A. The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. The person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of - the ownership, maintenance oruse of that part of the premises leased to you and shown in the Schedule. B. The following exclusions are added: BP 04 02 01 87 BUSINESSOWNERS This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Schedule. 2. Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Schedule. 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. Ccpyricht. Insurance Services Office, Inc.. 19E4, 19H Page 1 of 1 :AN STATES AIVIthiGAIV tL;UIVUIVIV INSUIMANUt L;UIVINAIIV .DANCE INDIANAPOLIS, INDIANA • t ".JIN NATIONAL CORPORATION &PECIAL BUSINESSOWNERS POLICY ,ME[) HUNTINGTON BEACH VISITORS AND AMENDED DECLARATIONS 3URED CONFERENCE BUREAU EFFECTIVE: 06-15-95 `D 101 MAIN ST STE 2A POLICY NUMBER 02-BO-354273-6 EG -DR HUNTINGTON BEACH, . CA 92648 RENEWAL OF 02-BO-354273-5 11-89 LICY PERIOD FROM 11-.01-94 TO 11-01-95 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. RM OF CORPORATION SINESS: AGENT TAURUS INSURANCE AGENCY, INC NAME 1111 E KATELLA AVE, #215 AND ADDRESS P 0 BOX 7248 1 ORANGE, CA 92613 04-79395 (714) 771-7400 THE CHANGE IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. EFFECTIVE 6-15-95, AMENDING ADDITIONAL INSURED/LANDLORD AS PER BP0402 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ADDITIONAL INSURED AMC.MANAGEMENT PREMISES001 1600 DOVE ST. STE. 140 NEWPORT BEACH, CA 92660 LANDLORD THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY: BP0402(0187) ADDL INS -MANAGE -LESSOR OF PREM BP0009(0187). BOP COMMON POLICY CONDITIONS IL7201(0392) COMPANY COMMON POL CONDITIONS BP7001(0487)'BUSINESSOWNERS COV EXTENSION COUNTERSIGNATURE ADDITIONAL INSURED THE CITY OF HUNTINGTON BEACH PREMISES001 IT'S AGENTS, OFFICERS, AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BP0006(0187) BOP LIABILITY COVERAGE FORM IL0270(0294) CA CHANGES - CANCEL & NONRENEW BP0002(0187) BOP SPECIAL PROPERTY COV FORM BY (DATE) (AUTHORIZED REPRESENTATIVE) BP(11-88) COMPANY USE ONLY LOS ANGELES 112 (24033) INSURED COPY PREPARED OG-29-95 * AC dLICY DECLARATIONS EXTENSION 'NAMED INSURED: HUNTINGTON BEACH VISITORS AND POLICY N*R: 02-BO-354273-6 REMISES 1 SAME AS MAILING CONSTRUCTION: JOISTED MASONRY UILDING 1 HUNTINGTON BEACH, CA 92648 OCCUPANCY: INFORMATION CENTER PPLICABLE 70 THESE PREMISES LIMITS OF INSURANCE EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF,$ 250 APPLIES USINESS PERSONAL PROPERTY $ 15,000 USINESS INCOME (NOT -EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED DEDUCTIBLE: NONE IRE LEGAL LIABILITY (ANY ONE FIRE OR EXPLOSION) $ 50,000 DEDUCTIBLE: NONE ;P (11-88) LOS ANGELES 12 (24033) INSURED COPY PREPARED 06-29-95 r Ar.QQ-PRlf Tn01.l77n.nnM.r rAMERICAN STATES 1 INSURANCE ♦ wa LINCOLN NATIONAL CORPORATION • POLICY NOR: 02—BO-354273-70 NAMED HUNTINGTON BEACH VISITORS AND INSURED CONFERENCE BUREAU AND MAILING 101 MAIN ST STE 2A ADDRESS HUNTINGTON BEACH, CA 92648 RENEWAL EFFECTIVE 11— 01— 9 6 Dear Policyholder, AGENT TAURUS INSURANCE AGENCY, INC NAME 1111 E KATELLA AVE, #215 AND ADDRESS P 0 BOX 7248 ORANGE, CA 92613 04-79395 (714) 771-7400 The American States Insurance companies appreciate your business, and we strive to provide you with important information in a timely manner. California Insurance Code 678.1 specifies that we must notify you, between 60 and 120 days before your policy renewal date, that your policy renewal may include certain changes. Those changes are a possible reduction in limits, elimination of certain coverages, an increase in the deductible limit, or a 25 percent or higher increase in the rate upon which the premium is based. If you have any questions, please contact your agent. COMMERCIAL UNDERWRITING DEPARTMENT AMERICAN STATES INSURANCE COMPANY AMERICAN ECONOMY INSURANCE COMPANY 6-3324 (12-95) Page 2 of 2 Aft ''OCiN WNW North American Insurance Agency In,lopendently Owned and Operated " 0.Box /248 1111 [:. K7lelln .4vp. Suit- 215 Ortnyr, CA 9261.1-7248 (I1.1113'i"-Wifiri October 16,. 1.995 Huntington Beach Visitors and Conference Bureau 101 Main Street, Ste 2A Huntington Beach, CA 92648 Attn: Diane Re: Businessowners Insurance Policy #02BO354373 Enclosed Dear Diane, Please find enclosed the above mentioned policy effective 11-1-95 - 11-1-96. Please take a moment to read your policy and review the terms and conditions for complete information on the coverages you are provided. Also enclosed is our invoice for the renewal premium of $275.00. Please remit in the enclosed envelope no later than 11-1-98. Thank you for giving us the opportunity to be of service to you. Our staff will constantly strive to earn.your continued confidence. Please feel free to call us whenever we can be of further' assistance. Robin Holloway ISU NORTH AMERICAN INSURA:ITCE AGENCY encl. Insurance Systems Unlimited • Our Knowledge Is Ybur Best Insurance" . THIS ENDORS NT CHANGES THE POLICY. PLEASE READ ISREFULLY. ®fl SURANCET"TES ADDITIONAL INSURED -MANAGERS OR BP o4 oz o1 f3� • any LINCOLN NATIONAL CORPORATION LESSORS OF, PREMISES BUSINESSOWNERS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE' Designation of.Premises (Part Leased to You): 101 MAIN ST. STE 2A,-HUNTINGTON BEACH CA. Name of Person or Organization (Additional Insured): AMC MANAGEMENT AND ADBELMUTI DEVELOPMENT COMPANY Additional Premium: I NCL A. The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. The person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule. B. The following exclusions are added: This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Schedule. 2. Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Schedule. 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. Copyright, Insurance Services Office, Inc., 1984, 1985 Page 1 of 1 ..dLICY DECLARATIONS EXTENSION* NAMED INSURED: HUNTINGTON BEACH VISITORS AND kPPLICABLE TO ALL PREMISES YOU OWN, RENT OR OCCUPY 3USINESS LIABILITY: LIABILITY AND MEDICAL EXPENSES MEDICAL EXPENSES (ANY ONE PERSON) AGGREGATE LIMITS: PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT ALL OTHER INJURY OR DAMAGE (ALL OCCURRENCES) 'OTAL TERM PREMIUM rHuc o POLICY NUMBER: 02-B0-354273-6 LIMITS OF INSURANCE $ 1,000,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 250.00 P (11-88) LOS ANGELES 12 (24033) INSURED COPY PREPARED 06-29-95 G i IMPORTANT - THI NOT A BILL. SEND NO hfONEY UNLESS STATEMENT IS ENCLOSED. bT... ATE HOME OFFICE S ANCtSCO POLIG CLARATiONS N s u d A N-C e• CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY = U N D THESE DECLARATIONS ARE A PART OF THE WORKERS' COMPENSATION POLICY INDICATED HEREON. S INSURANCE IS EFFECTIVE FROM 01 A.M., PACIFIC STANDARD TIME CONTINUOUS POLICY1182268-96 01-96 TO.' 1-01-97 AND SHALL OMATICALLY RENEW EACH 1-01 IL CANCELLED HUNTINGTON BEACH CONFERENCE & DEPOSIT PREMIUM $743.00 VISITORS BUREAU 2100 MAIN ST, STE 190 HUNTINGTON BEACH, CALIF 92648 MINIMUM PREMIUM $200.00 PREMIUM ADJUSTMENT PERIOD SEMI-ANNUALLY R SG NAME OF EMPLOYER- HUNTINGTON BEACH CONFERENCE AND VISITORS.BUREAU (A NON-PROFIT CORP.) (A NON-PROFIT CORP.) 1. WORKERS' COMPENSATION INSURANCE PART ONE OF THIS POLICY .APPLIES TO THE WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA. 2. EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO LIABILITY UNDER THE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR LIABILITY INCLUDING DEFENSE COSTS UNDER PART TWO IS, $1,000,000 CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 1-01-97 INTERIM BASE BILLING RATE RATE* 8810 CLERICAL OFFICE EMPLOYEES--N.O.C. 1.03 1.03 8742 SALESPERSONSbUTSIDE. O 1.16 1.16 �cl 11' 'V Pv ON THE EFFECTIVE DATE SHOWN ABOVE, THE COVERAGE PROVIDED BY THIS POLICY REPLACES ALL PRIOR COVERAGE. UNTERSIGNED AND ISSUED AT SAN FRANCI.SCO DECEMBER 18, 1995 POLICY FORM L 1 I(l...... r.I r n rrt S E CERTIFICATE HOLDERS' NOTICE COiUD ION 1182268-96 I N C E RENEWAL OFFICES ENDORSEMENT AGREEMENT SG SAN FRANCISCO EFFECTIVE JANUARY 1, 1996 AT" 12.01 A.M. PAGE 1L ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU 2100 MAIN ST, STE 190 HUNTINGTON BEACH, CALIFORNIA 92648 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER; WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 7� AUTHORIZED REPRESENTATIVE DECEMBER 18, 1995 2065 PRESIDENT STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME- • 1182268-96 RENEWAL SG ENDORSEMENT AGREEMENT PAGE 1 EFFECTIVE JANUARY 1, 1996 AT 12.01 A.M. HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU 101 MAIN ST-STE 2A HUNTINGTON BEACH, CA 92648 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE ESTIMATED ANNUAL PREMIUM APPEARING IN THIS POLICY IS CHANGED TO READ- 1,110.00 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, .ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JUNE 19, 1996 9911 AUTHORIZED REPRESENTATIVE PRESIDENT DECEMBER 18, . 1995 POLICY NO. 1182268-96 EAP $937 SG HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU 2100 MAIN 'ST, STE 190 HUNTINGTON BEACH, CALIF 92648 Dear Policyholder, Thank you for renewing your workers' compensation coverage with State Fund. Enclosed is your State Fund Workers' Compensation and Employer's Liability Insurance Policy, Form L, along with the endorsements appropriate to your policy and a number of inserts. The policy language incorporates the changes required by .the Reform Act of 1993 and the language of endorsements issued to you over the past few years. It continues to provide full coverage for your California workers'. compensation liability. You will also find endorsements specific to your r policy enclosed. Please review them along with the policy to make sure the coverage meets your current workers' compensation insurance needs: If any changes are necessary, contact your local district office. The address and phone number are below. Your Employer's Liability limit is $1 million including defense costs. There are three inserts included in this package. The. first two inserts are required policyholder notices. One explains the new California workers' compensation rating law applicable to policies with anniversary dates on or after January 1, 1995. The other describes the available State Fund loss control consultation services. The third insert, "Understanding Your Declarations Page;" illustrates how to read your Declarations Page and how to determine your rate. If you have any questions on the policy contract or the impact of competitive rating on your policy, again, please contact your local district ' office. The staff will answer your questions and make any changes necessary for you. SOUTH ORANGE 3150 BRISTOL ST. COSTA MESA, CA 92626 TELEPHONE NO. (714) 668-3445-' Thank you for letting us continue to serve your workers' compensation needs. We, at State Fund, value your business with, us.