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HomeMy WebLinkAboutVOSKANIAN, ANGELLA - 2002-03-18- 1, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: March 21, 2002 TO: One Fine Blend ATTENTION: Angella Voskanian Name 9214 Anson River Circle DEPARTMENT: Street Fountain Valley, CA 92708 REGARDING: Non —Exclusive City, state, Zip -license Agreement - See Attached Action Agenda Item E-10 Date of Approval 3/ 18/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: MV Connie Brockway City Clerk Attachments: Action Agenda Page _ x Agreement x Bonds Insurance x RCA Deed Other CC: R. Hayden_ Library x x x Name Department RCA Agreement Insurance Other Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone: 714-536-5227 ) �,TY OF HUNTINGTON BEACH03zJ MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: 03-1;' ay Deferred/Continued to: A proved ❑Conditionally Approved ❑Denied jp Cler 's Signature Council Meeting Date: March 18, 2002 Department ID N tuber - CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL; SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORaZV � I '' Zc PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SER\ SUBJECT: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ONE FINE BLEND Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The license agreement between the City and One Fine Blend, a coffee and food cart located at the Central Library, needs to be approved by the City Council. Fundina Source: N/A Recommended Action: Approve license agreement entitled "Non-exclusive License Agreement Between The City Of Huntington Beach And Angella Voskanian, A. Sole Proprietor, Doing Business as One Fine Blend" (See Attachment). Alternative Action(s): 1. Do not approve the lease and direct staff to renegotiate the terms and conditions. Analysis: For approximately 5 years, One Fine Blend has operated a coffee and food cart located on the lower level of the Central Library and Cultural Center (See Exhibit A in Attachment #1). Currently, One Fine Blend pays to the Library Service Fund $400 per month. Because One Fine Blend increased its operation and area to include more food items and space, the lease needed to be renegotiated. The Library, Administrative Services and City Attorney Departments reviewed the operation and developed the terms and conditions for the non-exclusive license agreement. The Administrative Services Department, Real Estate Division, provided monthly square foot costs of $1.85 per square foot for commercial enterprises similar to One Fine Blend. The library area used by One Fine Blend is 326 square feet. Therefore, the agreement stipulates that One Fine Blend's revised payment is $603 per month (326 square feet x $1.85). Staff recommends a 3-year lease which includes an annual adjustment of at least 3% and not more than 6% based on the local Consumer Price Index. rcalfineblend /,A- 318102 8:58 AM. ,I \ REQUEST FOR ACTION MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: The license agreement also includes a provision for the payment to the Library of an additional amount equal to 2% of the monthly gross sales over $8,000. The revenue is deposited into the Library Services Fund to offset Central Library expansion costs such as bond payment and other operating costs. One Fine Blend is very popular with both library patrons and staff. Environmental Status: Not Applicable. Attachment(s): 1. Non-exclusive License Agreement Between The City Of Huntington Beach And Angella Voskanian, A Sole Proprietor, Doing Business as One Fine Blend RCA Author: Ron Hayden rcalfineblend 318102 8:58 AM ATTACHMENT #1 NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANGELLA VOSKANIAN, A SOLE PROPRIETOR, DOING BUSINESS AS ONE FINE BLEND THIS NON-EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made and entered into this 18th of March 2002, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City"), and Angella Voskanian, a sole proprietor, doing business as "One Fine Blend" ("Licensee"). WHEREAS, Licensee desires to use a portion of the Lower Fountain Plaza of the Huntington Beach Central Library and Cultural Center for a coffee cart/snack bar; and City desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: SECTION 1. PREMISES AND PERMISSION TO USE City owns the real property located at 7111 Talbert Avenue, Huntington Beach, California, commonly known as the Huntington Beach Central Library & Cultural Center ("Library"). City grants to Licensee a non-exclusive license to sell coffee, sandwiches, fruit, snack items and baked goods and other related food and beverage items in a portion of the Lower Fountain Plaza of the Library described in "Exhibit A" (the "Premises'), which is attached hereto and made a part hereof. Licensee shall not use the Premises for any other purposes or business. The right and permission of Licensee is subordinate to the prior and paramount right of City to use the Library in its entirety for public purposes to which it is now and may, at the option of City, be devoted. Licensee undertakes and agrees to use the Premises and to exercise karger:OFB Agreement/3/6/2002 this license at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Library by City. City reserves the right to prohibit the sale of any item or article or use of property, all at City's sole discretion. This Agreement is not intended to confer third -party beneficiary status to any member of the public who is benefited by the terms of this Agreement. Licensee hereby acknowledges title to the Library is vested in City and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of the Premises shall be referable solely to the permission herein given. SECTION 2. RENT/CONSIDERATION Licensee shall pay City Six Hundred Three Dollars ($603.00) per month ("Base Rent") plus two percent (2%) of Licensee's monthly gross sales over Eight Thousand Dollars ($8,000.00) (collectively with Base Rent, "Rent") The Rent is due on the first day of each month and shall be considered late if not paid within fifteen (15) calendar days after it is due. The Rent shall be paid to the City Library Facility Coordinator or in such other manner as City may from time -to -time designate by written notice delivered to Licensee. A late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %%) interest per month shall be added for each month any payment hereunder is due but unpaid. The Base Rent shall automatically be increased annually on every March 1 of this Agreement by at least three percent (3%) and not more than six percent (6%), to an amount determined as follows: the base amount as then in effect (i.e., as established by this Section and as subsequently determined increased in accord with this Section) shall be increased by the karger:OFB Agreement/3/6/2002 2 annual percentage increase in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor Bureau of Labor Statistics, for All Consumers for the Los Angeles, Riverside, Orange County, CA Metropolitan Statistical Area for the period ending June 30. SECTION 3. TERM This Agreement shall commence at 12:01 a.m. on March 1, 2002, and end at 11:59 p.m. on February 28, 2004, unless extended or sooner terminated as provided for herein. At the end of the term, or any renewal term, City may renew this Agreement for an additional one (1) year term at which time the Rent may be adjusted by mutual agreement of the parties. This Agreement is contingent upon Licensee obtaining all governmental permits and approvals enabling Licensee to operate Licensee's business on the Premises. SECTION 4. RECORDS AND AUDIT Licensee shall, in conjunction with, and in the manner of the submittal of Rent as set forth in Section 2 herein, submit a report to City showing the gross monthly sales of Licensee. Licensee agrees to make available for inspection by City at the Premises a complete and accurate set of Licensee's books and records. City shall have the right, upon reasonable notice, during the Term and any extension thereof and within two (2) years after expiration or termination of this Agreement to inspect and audit Licensee's books and records and to make transcripts therefrom to verify the payment due City. Such inspection and audit shall be conducted by appointment scheduled in advance by agreement with a designee of the Licensee. Licensee shall cooperate with City in scheduling and making the inspection. If the audit shows that there is a deficiency in the payment of the Rent, the deficiency shall come immediately due and payable. karger:OFB Agreement/3/6/2002 3 The acceptance by City of any monies paid to City by Licensee, as shown by any statement furnished by Licensee, shall not be construed as an admission of the accuracy of said statement, or of the sufficiency of the amount of Rent, but City shall be entitled to review the adequacy of such payment as hereinabove set forth. SECTION 5. NON -POSSESSORY INTEREST City retains full possession of the Premises and Licensee will not acquire any legal title or interest temporary, permanent, irrevocable, possessory or otherwise, including without limitation any leasehold interest by reason of this Agreement, or by grant of this license or the exercise of the permission given herein. Licensee will make no claim to any such title or interest. Any violation of this provision by Licensee will immediately void and terminate this Agreement SECTION 6. ADDITIONS, ALTERATIONS AND REMOVAL (a) No modifications, alterations or additions to the Premises, including without limitation construction of improvements or changes or interior or exterior furnishings, shall be constructed or made by Licensee without Licensee first obtaining the prior written approval of City. (b) Licensee's obligation to obtain City's prior written approval is separate and independent of Licensee's obligation to obtain any permits from City, such as a building permit. SECTION 7. USE OF COCA -COLA PRODUCTS Licensee shall comply with City's exclusivity agreement with the Coca-Cola Bottling Company of Southern California ("Coca-Cola"). Licensee agrees that only Coca-Cola fountain and bottling products shall be bought and sold in, on, or from the Premises for the term of the karger:OFB Agreement/3/6/2002 4 City's agreement with Coca-Cola. This includes all carbonated and non -carbonated, non- alcoholic beverages defined as soft drinks, juices, juice drinks, teas, isotonics, water and frozen beverages. Frozen beverages shall not include ice creams and frozen yogurts. SECTION S. INDEMNIFICATION DEFENSE AND HOLD HARMLESS Lessee shall obtain and furnish to Lessor Insurance in compliance with the provisions of Resolution No. 2001-65, including all applicable Exhibits thereto. The indemnification, defense, and hold harmless provisions set forth therein are attached hereto marked "Exhibit B" and incorporated herein as if fully set forth. SECTION 9. MAINTENANCE OF PREMISES Licensee's obligation includes maintaining and operating the Premises in a clean, safe, wholesome and sanitary condition free of trash, garbage or obstructions of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now, or at any time during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period, in force, relating to sanitation or public health, safety or welfare, or for the protection of life, limb or property; and Licensee shall at all times faithfully obey and comply with all laws, rules and regulations applicable thereto. Licensee, at its sole cost and expense, shall remedy without delay any defective, dangerous or unsanitary conditions caused by Licensee or anyone related thereto. Licensee shall comply with all written notices served by City with regard to the care and maintenance of the Premises. Any written notice hereunder shall specify the work to be done and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to commence making the necessary repairs within three (3) days after receiving such notice, or fail to diligently proceed to complete the necessary repairs within the period of karger:OFB Agreement/3/6/2002 5 time specified in the City's notice, City shall proceed to cause the required work to be performed, and Licensee shall promptly reimburse City for the cost of labor and materials thereof and pay City interest on such costs at the rate of ten percent (10%) per annum from the date the costs were incurred by City to the date they are reimbursed to City by Licensee. Licensee hereby expressly waives the right to make repairs at the expense of City and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code relating thereto, if any there be. SECTION 10. WASTE OR NUISANCE Licensee shall not commit or permit the commission by others of any waste on the Premises. Licensee shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. SECTION 11. TAXES Licensee also agrees to pay, at its sole cost and expense, before they become delinquent all lawful taxes, assessments or charges, which at any time maybe levied by any governmental agency including the State, County, City or any tax or assessment levying body upon any interest in this Agreement, as well as all taxes, assessments, and charges on goods, merchandise, Trade Fixtures and personal property owned by Licensee in, on, or about the Premises. Upon request, Licensee shall promptly furnish to City satisfactory evidence establishing such payment. Licensee shall comply with all laws, regulations and ordinances regarding the collection of taxes due a government agency. karger:OFB Agreement/3/6/2002 6 SECTION 12. BUSINESS LICENSE Licensee shall maintain a business license from City during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period. SECTION 13. SIGNS, ADVERTISING AND APPROVAL OF NAME City shall have the right to approve in its sole discretion and at any time require Licensee to change or remove signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed upon the Premises. Should City approve of any sign, name, placard, decoration or advertising, Licensee shall maintain the same at all times during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period in good appearance and repair. SECTION 14. TERMINATION Licensor may terminate this Agreement at any time with or without cause, upon thirty (30) days prior written notice to Licensee. SECTION 15. NO ASSIGNMENT This Agreement is personal to Licensee, and Licensee shall not assign, sublicense, sell or otherwise transfer this Agreement or any privilege hereunder in whole or in part or allow any other person or entity to occupy or use all or any part of the Premises and any attempt to do so will be void and confer no right in any third party. SECTION 16. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns, if any. The provisions of this Section shall not be deemed as a waiver of any of the prohibitions and conditions against karger:OFB Agreement/3/6/2002 7 M assignment, sublicensing, sale or other transfer of the Agreement or occupations of the Premises by others hereinbefore set forth. SECTION 17. HOLDOVER Should Licensee hold over and continue in possession of the Premises after expiration or termination of this Agreement, with or without the express prior written consent of City, Licensee's continued occupancy of the Premises shall constitute a month -to -month license and not a renewal or extension of the Agreement term, subject to all the terms and conditions of this Agreement. SECTION 18. WAIVER OF CLAIMS Licensee hereby waives any claim against City, its officers, elected or appointed officials, agents or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part thereof, or caused by any judgment or award in any suit or proceeding SECTION 19. NONDISCRIMINATION Licensee and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public. Nor shall Licensee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Agreement, Licensee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry, sex, age, karger:OFB Agreement/3/6/2002 8 national origin or physical handicap. Licensee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Licensee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Licensee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by City, the State Fair Employment Practices Commission, or any other agency with jurisdiction over these matters, for the purpose of investigation to ascertain compliance with this Section. City may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Licensee was a party, or upon receipt of a written notice from the State Fair Employment Practices Commission or other government agency with jurisdiction over these matters that it has investigated and determined that Licensee has violated the Fair Employment Practices Act or other applicable discrimination SECTION 20. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT PROHIBITED Notwithstanding anything to the contrary, the sale or provision of alcoholic beverages and/or live entertainment in, on, or from the Premises is expressly forbidden, unless expressly permitted in writing by City in advance. For any proposed sale or provision of alcoholic karger:OFB Agreement/3/6/2002 9 beverages, Licensee must first obtain written City approval prior to submitting any request for approval to the Alcoholic Beverage Commission. SECTION 21. ALTERATIONS Licensee shall not make, or permit any other person to make, any alterations to the Premises without first receiving the prior written consent of City. SECTION 22. RESTORATION AND SURRENDER OF PREMISES On expiration or termination of this Agreement, Licensee shall promptly surrender and deliver the Premises to City in as good condition as they are now at the commencement date of this Agreement, reasonable wear and tear excepted. City may, in its sole discretion, accept all or any portion of the Premises, as then improved with improvements, and equipment; or City may require Licensee to remove all or any portion of such improvements, and equipment, at Licensee's own risk and cost and expense; or City may itself remove or have removed all or any portion of such improvements, and equipment, at Licensee's own risk and cost and expense. If required by City to do so, in removing any such improvements, and equipment, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of City and shall be completed within thirty (30) days of the expiration or termination of this Agreement. SECTION 23. CITY'S OPTION TO CLOSE THE PREMISES City may close the Premises without liability and without advance notice to Licensee therefor at any time as City in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. karger:OFB Agreement/3/6/2002 10 SECTION 24. CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of City, nor any business entity in which an official or employee of City is interested, (1) has been employed or retained by Licensee to solicit or aid in the procuring of this Agreement; or (2) will be employed by Licensee in the performance of this Agreement without the immediate written divulgence of such fact to City. In the event City determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of City, Licensee, upon request of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to annul this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. SECTION 25. NOTICE All notices, certificates, or other communications required to be given hereunder shall be made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail; or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that City and Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: karger:OFB Agreement/3/6/2002 11 TO CITY: Director of Library Services City of Huntington Beach 7111 Talbert Street Huntington Beach, CA 92648 TO LICENSEE: Angella Voskanian dba One Fine Blend 9214 Anson River Circle Fountain Valley, CA 92708 SECTION 26. COMPLIANCE WITH LAWS Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, both Federal and State and county or municipal, relating to Licensee's use and occupancy of the Premises and operation of its business whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. This Agreement is expressly subject to the laws, regulations and policies of City. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and Licensee and shall be grounds for termination of this Agreement by City. SECTION 27. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. SECTION 28. ATTORNEY'S FEES Except as expressly set forth herein, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. karger:OFB Agreemend3/6/2002 12 SECTION 29. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. SECTION 30. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who signed it. SECTION 31. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. The Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement and supercede all prior understanding and agreements, whether oral or in writing between the parties karger:OFB Agreement/3/6/2002 13 respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. LICENSEE: ANGELLA VOSKANIAN, a sole proprietor, doing busine . as ONE FINE BLEND By: karger:OFB Agreement/3/6/2002 14 CITY: CITY OF HUNTINGTON BEACH, a municipal torpor i n of the State of alifornia Mayor ATTEST: dv� �� City Clerk 03- ZI— APPROVED AS TO FORM: c City At orney % �- IA D A D APPROVED: Director 00 ibrary Services REVIEWED AND APPROVED: y Administrator EXHIBIT A -A L -4 FAR., .rkv— UCA Mg One Fine Blend 1-2 Location /Description X Lower level adjacent to Maddy & B Rooms; 326 s.f. consisting of MU'V41.; 11� 11 W Coffee Cart, - ZI .0 Cabinet with sink, Supply Cabinet, Display Cooler iOGI, ,6 s ems" k- IJ Aj FT U-1 % xj x" fluntingto Be c Pubi L�b-rary and Cul -a C rj,, lic tuft i tpT Lowcr- Lvvel x" fluntingto Be c Pubi L�b-rary and Cul -a C rj,, lic tuft i tpT Lowcr- Lvvel EXHIBIT B Ex. B RESOLUTION NO. 2001-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF• HUNTINGTON BEACH REVISING RESOLUTION NO. 97-20 ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS WHEREAS, there are persons and organizations who are engaged in various activities in the City, thereby subjecting the City to substantial risk of liability for damage to property and injury to persons; and, The City desires to establish insurance and indemnification requirements; and, in appropriate cases, a procedure for the waiver thereof; and, The City desires to establish internal staff responsibility for the administration of the insurance required by this Resolution and delineate the authority to make adjustments to requirements based upon unique and unusual circumstances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the insurance coverage and indemnity requirements shall be as follows: SECTION I. DEFINITIONS AND FORMS REQUIRED A. Definitions: 1: "Contractors" are any persons or entities who contract with the City and/or provide services to the City which are readily available and efficiently procured by competitive bidding. 2. "Design Professionals" are professional services contractors who contract with the City and/or provide architectural and/or engineering services to the City. 3. "Licensees/Lessees are any persons or entities who contract with the City for the use of public property. 4. "Permittees" are any persons or entities who make application to the City for any use of or encroachment upon any public street, waterway, pier, or City property. 5. "Professional Services" are as defined by Huntington Beach Municipal Code section 3.03. 6. "Vendors" are any persons or entities who transfers property, or goods to the City which may or may not involve delivery and/or installation. B. Indemnity and Insurance Coverage Requirements Defined 1 01 reso/ins418129101 ` ' Res. No. 2001-65 Ex. B General Liability: Combined single limit bodily injury and property damage: Minimum limits of $1,000,000 per occurrence. a. Coverage must include completed operations liability and blanket contractual liability and, where products are furnished, products liability: b. 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 and the policy holder shall submit written notice of any known depletion of limits to City attached to the proof of insurance. G. Claims made policies are not acceptable, except that claims made insurance for pollution liability shall be acceptable. d. All deductibles, self -insured retentions, or alternative forms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. e. The City, its, officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed. by or on behalf of the contractor, products and completed operations of the.contractor, premises owned, occupied or used by the contractor; or automobiles owned, leased or borrowed by the contractor. The,coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. For any claims related to the project, the contractor's insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the contractor's insurance and shall not contribute with it. g. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its agents, officers and employees. h. The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers Compensation and -Employers' Liability: In accordance with the applicable state statutes with limits in the case of workers' compensation and employers' liability in amounts not less than the State statutory limits. 2 0l resofins418129101 r_ Res. No. 2001-65 Ex. B Alternatively, a signed declaration of non -employee status shall be filed. A certificate or consent to self -insure issued by the California Director of Industrial Relations is also acceptable. 3. Professional Liability Insurance: Coverage must be provided at a minimum of $1,000,000-per occurrence and in the aggregate. a. Claims made policies are acceptable if the policy further provides that: 1. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2. The professional services contractor will make every, effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4. The reporting of circumstances or incidents that might give rise to future claims. 4. Automobile Liability Coverage must be provided at a minimum of $1,000,000 per occurrence. a. 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 and the policy holder shall submit written notice of any known depletion of limits to City attached to the proof of insurance. b. All deductibles, self -insured retentions, or alternative forms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. C. The City, its officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s). The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. d. For any claims related to the project, the contractor's insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the contractor's insurance and shall not contribute with it. 3 01 reso/ins4/8/29/01 r`T Res. No. 2001-65 C. Certificate of Insurance Requirements Defined 1. Form. Evidence of insurance coverage and limits as required by the City shall be furnished to the City as a certificate holder on the "Acord' or similar form approved by the City Attorney. (See samples attached herein as Exhibit a. Each insurance policy required by this Resolution shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium is acceptable for all persons or organizations, except as required by the Standard Specifications for Public Works Construction. b. The description of work to be performed, the City department involved in the performance, and the City staff contact person must be clearly identified on the "Acord" or similar form evidencing insurance coverage. C. All forms of insurance shall identify the City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers as an additionalinsured by separate attached endorsement with respect to general liability and automobile liability coverages. d. Contractors shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject. to all of the requirements stated herein. 2. Approval of Certificate Insurance certificates must be approved by the City Attorney prior to commencement of any performance under a contract or issuance of any permit, as authorized by the City Charter. 3. Acceptability of Insurers Insurance must be placed with insurer with a Best's rating of no less than A: VII and insurer must be a California admitted carrier. SECTION II INSURANCE AND INDEMNIFICATION REQUIREMENTS A. INSURANCE 1. Contractors and Permittees must meet the requirements as set forth in Exhibit "B" incorporated by reference and attached herein. 4 01resorns418129101 Res. No. 2001-65 Awl 2. Professional Services providers must meet the requirements as set forth in Exhibit "C" incorporated by reference and attached hereto. 3. Licensees/Lessees must meet the requirements as set forth irr Exhibit "D° incorporated by reference and attached hereto. 4. Vendors a. Vendors supplying goods including delivery, service and/or installation must meet the requirements of Exhibit "B". b. Vendors supplying goods only without delivery, service and/or installation are required to provide products liability coverage only. 5. The insurance requirements of persons or'organizations not identified herein shall be as designated by the agreement. All certificates of insurance designated must conform to the requirements of this Resolution. 6. Exceptions. a. Public entities are exempt from the requirements of this resolution. Any insurance and indemnity requirements of a public entity shall be pursuant to Section II(A)(5). b. Persons providing judicial or quasi-judicial services as independent contractors, such as judges, arbitrators, hearing officers, expert witnesses, and court reporters shall be exempt from all insurance coverage requirements. Any insurance and indemnity requirements shall be pursuant to Section II(A)(5). C. Each person making application for a permit for private property construction, alteration, improvement, demolition, or repair of any building or structure shall sign a declaration under penalty of perjury verifying workers' compensation coverage or exemption from coverage, as required by Section 19825 of the Health and Safety Code and, at the time of permit issuance, contractors shall show their valid workers' compensation insurance certificate. d. Persons contacting with the City under subdivision agreements are exempt from providing evidence of workers' compensation. e. Oil operators as regulated by Huntington Beach Municipal Code Section 15.16 and pipeline franchises as regulated by Huntington Beach Municipal Code Section 3.44 are exempt from the requirements of this resolution. 5 01 resofins4/8/29/01 Res. No. 2001-65 Ex. B TaxicabsNehicles-for-hire as regulated by Huntington Beach Municipal Code Section 5.50 are exempt from the requirements of this resolution. g. Trucking companies, including those regulated under Huntington Beach Municipal Code Section 10.32, are exempt from the minimum insurance requirements of this resolution but must submit proof of workers' compensation insurance and general liability insurance in accordance with the requirements of the Public Utilities Commission (PUC) regulations which include: 1) the general liability insurance requirements are $600,000 combined single limit or $250,000 bodily injury or death of one person and $500,000 protection against total liability for bodily injury or death of more than one person from any one accident. 2) this is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported. 3) the City of Huntington Beach must be named as certificate holder but does not need to be named as additional insured. 7. Indemnity a. Contractors and Permittees shall be required to indemnify City, pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "E". b. All design professionals shall be required to indemnify City pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "F". C. All other persons or organizations, including but not limited to professional service providers other than Design Professionals as defined by this Resolution, shall be required to indemnify City, pursuant to the indemnity provision attached hereto and incorporated by reference as Exhibit "G". SECTION III. WAIVER OR MODIFICATION PROCEDURE A. Waivers or Modification Request Form. A department Request for Waiver or Modification, Exhibit "H" attached, shall be completed and forwarded to the Risk Manager for all requests for waiver or modifications of the minimum indemnification and insurance requirements. B. Waiver or Modification Authority. The Risk Manager and the City Attorney may approve any waiver or modification of the insurance and indemnification requirements, including requests for indemnification of third parties. A denial may be appealed to the City Administrator. 6 0l resofins4/8/29/01 -1i�' Res. No. 2001-65 Ex. B C Waiver Criteria. The criteria to evaluate any requests for waiver shall include the following: a. The type of waiver or modification requested; b. The reason for the waiver or modification; C. The nature of the scope of work; d. The cost of the contract; e. The liability exposure of the City; f. The cost and availability of the coverage requested; g. The claim history of the requesting party; h. The past experience of the City with the requesting party; and i. The past experience of the City with other contracting parties of a similar nature. SECTION IV.Resolution 9720 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held 17th day of September 2001. ATTEST: Mayor City Clerk APPROVED AS TO FORM: City Attorney �-36-01 REVIEWED, CO -INITIATED AND APPROVED: 36 �� City Attorney REVIEWED, CO -INITIATED AND APPROVED: � � City Adnigistrator 7 01 resohns4/8/29/01 Res. No. 2001-65 EX. B PRODUCER INSURED THIS CEATIFICATF,� ISSUED AS A MATTER OF INm— pitiATlt=. ONLY AND CON. NO RIGHTS �JF,01Q� .iiERTIFICA HOLDER. THIS CE...IFICATE DOES NOT Mt EXTEN@x(.13 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELD COMPANY A COMPA.N'Y B COM`?,ANY COM?A.VY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TL^1IMi EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ( LTA ( TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER I DATE (M6VOO" POLICY EXPIRATION : DATE (MAt/D0lYY) LIMITS I�G�EN(ERAL LIABILITY i ' GENERALAGGREGATE S A I COMMERCIAL GENERAL UABIU T Y PJ r' "S • CO!APrOP AGG I 5 ;;4;r`• 1 x:?ts CLAIMS MAOE OCCUR I I .6 ADV INJU7Y S OWNER'S I CONTRACTOR'S PROT f1 I .7CCURRENCE +1I Is j 1 ..Is DAMAGE (" one fire) is I I MEO EX? j„ ny one ileac•^.) Is AUTOMOBILE LIABILITY J i COMSiNEO SINGLE 1.I\157 S ANY AUTO ALL OWNED AUTOS I BODILY tNAJRY I SCHEDULED AUTOS (?erperson) S j HIREO •UTOS' I 1 BODILY INJURY I I' NON-01.VNEO AUTOS ( I ! (Per acziCenQ i S GARAGE LIABILITY AINY AUTO I I - EXCESS LIABILITY UMBRELLA FOR t OTHER THAN UMBRELLA FO-on . WORKERS COIAPENSATION A j►►►►'''' ELIPLOYERS' LIABILITY TH_ PROPAIETGR! ! I INCL - I ' FAnTNcRS%EXECUTIVE OFFICES AA?: I _XCL : OTHER ti DESCRIPTICN OF OPEAAT)ONS/LOCAT)ONSVEH)CLESrSPECIAL ITEMS City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 926"_3 NO 8 I PROPERTY DAMAGE � S AUTO ONLY • EA ACCIDENT I S OTHER THAN AUTO CNLY. EAC`� A ' CCi EtiTi : S I ASG;CG-'T=-IS EACH OCCUR=ENCc IS I - AGGRc'GA7= ; S S WC STATU• : TORI O-:H•! ; EL EAC4 ACCIDENT S =L DISEASE • POLICY U.'.'T I S :L DISEASE • EA EMPLOYE- I S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO: EXP:RATICN DATE THEREOF. THE •ISSUING COMPANY WtLL • 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH AUTHORIZED REPRESENTATIVE COtD23-S 73Si 9ACORD.CORPORA7: EXHJBiT A pglof3 - F POLICY NUMBER: COM,._ _ACIAL GENERAL 01.65 Ex. B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (.Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you RE: ALL OPERATIONS OF THE NAMED INSURED FOR THE CERTIFICATE HOLDER. City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 19a4 EXHIBIT A pa 2 of 3 STATE COMPENSATION I N S U R A N C E FUNS_,. CITY OF HUNt RISK MANAGEM 2000 MA3N ST HUNTINGTON B L Res. No. 2001-65 P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 rqN _BEACH 4CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon te(days' advance written notice to the employer. 30 We will also give you TRN-days' advance notice should this policy be cancelled prior to its normal expiration. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/01/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. Ex. H - THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND sclF �o2s2 Rev Res. No. 2001-65 EX. B EXHIBIT B Res. No. 2001-65 Ex. B EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTORS, AND PERMITTEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City Council Resolution _.200145 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A-M. Best's Rating of no less than A:VII: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. "Claims made" designation is only acceptable for professional or pollution liability insurance.' The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). 2. Workers' Compensation and Employer's Liability: State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non -employee Status form available from the City. In lieu of a certificate of insurance, a certificate of consent to self -insure issued by the California Director of Industrial Relations is also acceptable. 3. Automobile liability of $1,000,000 per occurrence for bodily injury, personal injury and property damages. The City of Huntington Beach, its officers, elected or appointed officials, employees. agents and volunteers must be named as certificate holder and as additional insured by separate attached. endorsement. (This wording must be exact). Deductibles, Self -Insured Retentions, or Similar Forms of Coverage Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications, must be declared to and approved by the City of Huntington Beach. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Description of Work to be Performed The staff contact -and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The City requires 30-day notice of cancellation. The words "endeavor to" and "failure to mail such notice shall impose no obligation nor liabilityof any kind upon the company, its agents or representatives" must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non -reporting of payroll is acceptable, except in contracts subject to the Green Book' specifications. AGAIN, PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT, FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT 01 reso/insreq/8/28/01 11 Res. No. 2001-65 EX. B EXHIBIT C Res. No. 2001-65 Ex. B EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICE CONTRACTORS PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City Council Resolution No. 2001-65 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less. than A:VII Errors and Omissions liability: $1,000,000 per occurrence. Deductibles, Self -Insured Retentions, or Similar Forms of Coverage Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications, must be declared to and approved by the City of Huntington Beach. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The City requires 30-day notice of cancellation The words "endeavor to" and "failure to mail such notice shall impose no obligation nor liability, of any kind upon the company, its agents or representatives" must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non -reporting of payroll is acceptable, except in contracts subject to the Green Book specifications. 01 reso!insreq/8/28/01 12 Res. No. 2001-65 EX. B EXHIBIT D Res. No. 2001-65 Ex. B EXHIBIT D INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City Council Resolution 97-20 requires submittal of certificates of insurance pursuant to the form set forth in Resolution No. 2001-65 evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A:VH: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a,general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. "Claims made" designation is only acceptable for professional or pollution liability insurance. For general liability certificate holder, the City of Huntington Beach, its elected or appointed officials, agents, officers, employees, and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). 2. Workers Compensation and Employer's Liability: State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non -employee Status form available from the. City. In lieu of a certificate of insurance, a certificate of consent to self -insure issued by the California Director of Industrial Relations is also acceptable.. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles, Self -Insured Retentions, or Similar Forms of Coverage Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications, must be declared to and approved by the City of Huntington Beach. _ Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. Notice of cancellation requirements The City requires 30-day notice of cancellation The words "endeavor to" and "failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives" must be removed or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non- payment of premium or non -reporting of payroll is acceptable, except in contracts subject to the Green Book specifications. AGAIN, PLEASE FORGVARD THIS NOTICE TO YOUR INSURANCE AGENT, FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT EXHIBIT D O l reso/insreq/8/28/O1 13 Res. No. 2001-65 Ex. B EXHIBIT E Res. No. 2001-65 Ex. B EXHIBIT E TO RESOLUTION NO. 2001-65 CONTRACTOR'S INDEMNIFICATION DEFENSE HOLD HARMLESS Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them maybe liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of contractor's counsel. City shall be reimbursed for all costs and attorneys fees incurred by City in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 01 reso/insreq/8/28 `01 8 Res. No. 2001-66 EX. B EXHIBIT F Res. No.2001-5 Ex B TO RESOLUTION NO. 2001-65 INDEMNIFICATION DEFENSE AND HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands, and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its. sole cost and expense, and the CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT. 01 reso/insreq 8/28/01 9 Res. No. 2001-65 Ex. B EXHIBIT G Res. No. 2001-65 Ex. B EXHIBIT G TO RESOLUTION NO. 2001-65 INDEMNIFICATION DEFENSE AND HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability'of any kind or nature) arising out of or in connection with-CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and the CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the CONSULTANT. 01 reso/insreq/8/28/01 10 Res. No. 2001-65 Ex,. B Res. No. 2001-65 �P EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member 2. Date of Request 3. Name of Contractor/Pemrittee 4. Description of work to be performed 5. Value of Contract 6. Length of Contract 7. Type of Waiver or Modification Requested: 8. Reason for Request for Waiver or Reduction of Limits 9. Identify the risks to the City if this request for waiver or modifications granted Department Head Signature RECOMMENDATION RISK MANAGER Approve Deny Signature/Date CITY ATTORNEY Approve Deny Signature/Date / / / City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.) CITY ADMINISTRATOR Approve Deny Signature/Date 01 reso/insreq/8/28/01 14 L Res. No. 2001-65 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th day -of September, 2001 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio derk of the City Council of the City of Huntington Beach, California Mm INSURANCE & INDEMNIFICATION WAIVER/MODIFICATION REQUEST 1. Requested by: ON If /may(,{ e �1 2. Date: ,® "?- a 3. Name of contractor/permittee: 7 fi4- _ ) I � � �C- surf r®' Cc �` g - teen 1."ee /W e roe 0 e- 4. Description of work to be performed: � h1 Cry e f'.�e e- C° ec � � � � L c, ,.j L e 16,c o -iC �'� s� -4-& / / `- a r y 5. Value & length of contract: 3 Ye cS r Ytc� rt 6. Waiver/modification requested: tf Cc, Vt )I a4.-,C, C4P; I . 1 Ir C-L Se S e.* wee i�icA- n 7. Reason for request & why it shout bde granted: 6g e- i n g 6 �, Pd o wyV 5 -rem C a v e,,..41L c A ✓o cc lx- j A— yer Y /LPLCC V e- ✓ - cp®V' a. V �' P 8. Identify the risks to the city of approving this waiver/modification:'' t, f e r c. a,qt� +ia+ ®CC-Kes, C-14� _ W11i jv4- hQv -f9e- Obeae ,4- Department Head Signature: (Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's office is only required if Risk Management and the City Attorney's office disagree.) 1. Risk Management Approved ❑ De � d Signature Date 2. City Attorney's Office pproved ❑Denied Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied _ Signature Date IF APPROVED, THE COMPLETED WAIVER/MODIFICATION REQUEST IS TO BE SUBMITTED TO THE CITY ATTORNEY'S OFFICE ALONG WITH THE CONTRACT FOR APPROVAL. ONCE THE CONTRACT HAS BEEN APPROVED, THIS FORM IS TO BE FILED WITH RISK MANAGEMENT. Attym isc\forms\inswaiver SEP-26-2001 13:42 HUNTINUTON BEACH LIBRARY 714 375 51BO P.02/02 , roK eo�a 2000 Main Strut Wfurnia 92648 �' ML Pa3y DECLARATION o� NON -EMPLOYE fZSTATU5 In order to comply witk City Council Resolution No. 67-77, you arc required to Provide proof of Workers' Compensation insurance. If you leave no emplo.9ces, this form must be signed and returned to: City of Huntington f)cac� Risk Management Division Z000 Main 5trect Huntington bcack, CA 9U+a I cerEif9 that in the Performance of tke activity or work for wkic1 this Permit is issued, I shall not employ any person in any manner so as to become subj ect to California Workers, Compensation insurance requirements_ I authorize tllc City 4 Huntington E>cacli to immediately and retroactively- revoLe tine license or permit i5sucd under this declaration if hire anlJ. employcc(5) or become su6jcct to the provision, of t6c laws requiring Worlmrs' Compensation Insurance. Applicant,/Company Flame: Address: 7/rr 6eR � E//A v0sk-An/,4/7 Applicant's S►Jpnatur �atc: Title: Location Telephone Num6er 7/� '9z/ /-// - 04-- 40'e- A/�e 2LehD TOTAL P.02 SEP-28-2001 13:49 714 375 5180 99% P.02 5EP-26-2001 15:14 HUNTINGTUN HERCH LIHRRRY FARMERS INSURANCE EXCHANGE Ye"Ncn! RE TUC GADA/CDR IM011 I 714 375 51BO P.02/05 HOME OFFICE: 4600 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90010 • POLICY DECLARATIONS 1. RETAIL SERVICE - PREMIER Named ANGELLA VOSKANIAN MA3O726 Insured EasyPay Acct, No. Prod. Count Mailing 7111 TALB]ERT AVE 97-07-398 60232-09-26 Address o FYiSNTINOTON BEACH CA 92648 Agent No, Policy Number The named insured Is an Individual unless otherwise stated: ❑Partnership ❑Corporation ❑Joint Venture ❑ Organization (Any other) Type of Business SPECIALTY FOOD STORE 2. Policy Period from 0 9 i 14 i 01 (not prior to time applied for) to 0 9 i 14 i 0 2 12:01 a.m. Standard Tlme If this policy replaces o er coverage that ends at noon standard time of the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue for successive policy perlods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. 3. Insured location same as mailing address unless otherwise stated: 4. We provide Insurance only for those coverages described below and for which a specific limit of Insurance is shown. PROPERLY COVERAGES AND LIMITS OF INSURANCE COVERAGES I PREM NO. 001 001 BUSINESS PERSONAL PROPERTY AUTOMATIC BUILDING INCREASE PROPERTY DEDUCTIBLE OUTDOOR TREES, SHRUBS, PLANTS COVERAGE I All Premises $22,900 0500 $2,500 ES n A.{a ` Yt Ip0'If 1, W-W 7-W SEP-26-2001 15:20 714 375 5190 99% SEP-26-2001 15:14 HUNTINGTON BERCH LIBRRRY 714 375 51BO P.03/05 COVERAGE EXT'-"-iIONS - Optional Higher Limits of f, ance Per Occurrence COVERAGE All Premises ACCOUNTS RECEIVABLE 025,000 VALUABLE PAPERS S25,000 OFF PREMISES PERSONAL PROPERTY $5,000 OPTIONAL COVERAGES: We provide Insurance for those Optional Coverages described below. COVERAGE All Premises OUTDOOR SIGNS EMPLOYEE DISHONESTY MONEY AND SECURITIES $7,500 010,000 $10,000 $500 DEDUCTIBLE $500 DEDUCTIBLE LIABILITY AND MEDICAL PAYMENTS - Except for Fire Legal Liability, each paid claim for the following coverage reduces the amount of insurance we provide during the applicable annual period.. Please refer to Paragraph D.4. of the Liability Coverage Form. Countersigned / , r ' '0:- / BY (Date) so-5m SEP-26-2001 15:21 714 375 5190 99% P.03 06 3 SEP-26-2001 15.15 HUNTINGTON BEACH LIBRARY EffecQve Date: 09i1-,, 01 6. Polity Number. 60232-09-26 Policy Forms and Endorsements attached at inception: BPO4020187 BP00020197 BP00060197 BPO4340197 BP04390196 BPO4550197 56-5166 25-2110 25-2614 25-2880 E3452-ED1 IL02700300 BP04150197 E3020-ED1 BP00090197 E6036-ED1 25-2191 E3342-ED1 Countersigned a / �e C'r / By (Date) wool 7-M BPO4170196 E0207-ED1 E0022-ED1 E8162-ED2 714 375 5160 SEP-26-2001 15:21 714 375 5180 99% P.04 ,C S_EP-26-2001 15:16 HUNTINGTON BEACH LIBRARY 714 375 51BO P.05/05 e POLICY NUMBER; $0232-09-26 IlUSINEBSOWNERS THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ 1T CAREFULLY. c" j�' �� ADDITIONAL INSURED -MANAGERS OR OF PREMISES This endorsement modifles Insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE' Designation of Premises (Part Leaned to You): 7111 TALBERT AVE KF nLk LESSORS V o 16O X HUNTIN GTONr LEACH CA 92648 Herres of Person or Organization (Additional Insured): CXTY OF Ht1NTINGTON BEACH ITS AGENTS, OFFICERS AMU I_J4K_0YCCS ARE PIAYKD A,00rT?nNA( TNSUREDS A$ IT REGARDS ALL Additional Premium: INCLUDED OPERATIUN5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE. e 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 IlablIlly arlsing out of the owner- ship, 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 abler you cease to be a tenant In the premises de- scribed 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. TOTAL P.05 SEP-26-2001 15:22 714 375 5180 99% P.05 RCA ROUTING SHEET INITIATING Library Services DEPARTMENT: SUBJECT: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ONE FINE BLEND COUNCIL MEETING DATE: March 18, 2002 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable