HomeMy WebLinkAboutChildren's Bureau of Southern California - 2003-04-07 (3)LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
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Enclosed For Your Records Is An. Executed Copy. Of The Above Referenced Agenda Item.
Remarks:
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Connie Brockway
City Clerk
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Council/Agency Meeting Held:
Deferred/Continued to:
Approved U Conditionally Approved 0 Denied
City Clerk's SignatureV
Council Meeting Date: April 7, 2003
Department ID Number: CS03-001
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
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HONORABLE MAYOR AND CITY COUNCIL MEMBRRS�
SUBMITTED BY:
RAY SILVER, City Administrator age -, _--
PREPARED BY:
DAVID BIGGS, Director, Economic Develop-�_.-
JIM B. ENGLE, Director, Community SM.' s �=
RON HAGAN, Special Projects Manager �-
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SUBJECT:
APPROVE THE NON-EXCLUSIVE LICENSE GREEMENT WITH
THE CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA FOR
OPERATION OF THE OAK VIEW CENTER
Statement of Issue, Funding source, Recommended Action, Alternative Acdon1s), Anatysis, Environmental status, Altachmenf(s)
Statement_ _of Issue: Should the city enter into a non-exclusive license agreement with the
Children's Bureau of Southern California to operate the Oak View Center?
Funding) Source: City Council -approved Community Development Block Grant (CDBG),
funds in the amount of $22,085 are available in Account No. 86545506, Oak View
Community Center for FY02/03 for the balance of the calendar year. For FY03/04, CDBG
request amount of $51,204, plus $1,800 private donations for a total of $53,004
Recommended Action: Motion to:
Approve the Non -Exclusive License Agreement between the City of Huntington Beach and
Children's Bureau of Southern California for the Operation of the Oak View Center, and
authorize the Mayor and the City Clerk to sign the agreement.
Alternative Action(s):
1) Close the Oak View Center,
2) Appropriate $58,300 for the remainder of 02/03, and $140,000 in subsequent years from
the General Fund Unappropriated Reserve (prorated from May to September) to continue
city operation of Oak View Center;
3) Direct staff to negotiate alternate terms and conditions with the Children's Bureau, or
4) Direct staff to negotiate an agreement with another non-profit agency for the operation of
the Oak View Center.
Analysis: The city has been coordinating programs with the Children's Bureau of Southern
California at the Oak View Center for several years. During this past budget session, Council
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REREST FOR COUNCIL ACTIOP
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: CS03-001
directed staff to negotiate with the Children's Bureau a non-exclusive license agreement that
would allow the Children's Bureau to take over the operation of the Oak View Center. Staff
has concluded negotiations and has prepared an operating agreement (Attachment 1) for
Council approval. With Council approval of this non-exclusive license agreement, Children's
Bureau will operate the Oak View Center as outlined in section four (4) of the attached
agreement beginning May 1, 2003.
The Children's Bureau is a 501(c)(3) non-profit agency whose mission is to provide children
and family services both directly and through collaboration with other non-profit and
governmental agencies. Staff has been working with the Children's Bureau for the past six
months to develop an agreement that would allow the Children's Bureau to expand its
programming at the Oak View Center and take over the operation of city programs at the
center.
Transition of the Oak View Center operations from city staff to Children's Bureau staff will be
handled with care, communication, and involvement with the Oak View neighborhood. It
needs to be stressed that the city is not abandoning the Oak View community. In actuality,
social service programs at Oak View will increase by the Children's Bureau's collaboration
with other agencies to provide new family and children activities. The city will continue to
oversee the Oak View Task Force, and the Community Services Department will provide
oversight and coordination of the Children's Bureau agreement. Some of the existing
activities, such as Youth Sports and Summer Day Camps will be integrated into the
Community Services Department reorganization, which will deliver these programs on a
citywide basis and include Oak View. The city will meet annually with the Children's Bureau
to review programming strategy. Inspections of the facility will occur at least quarterly.
The basic terms and conditions of the Children's Bureau agreement include the city's
continued maintenance of the interior and exterior of the Oak View facility; continued field
scheduling; continued construction and operation of the new skateboard facility; and,
provision of $53,004 per year to Children's Bureau in operating funds for Oak View
programming. CDBG requests for FY03104 funding were due prior to finalizing negotiations
with Children's Bureau. The 2003 funding would be provided through CDBG funding
($51,204) pending approval for Oak View, plus $1,800 in donated funds from 2002 to provide
$53,004 required for FY03104. The Children's Bureau will become a sub -grantee to the city
for 2003.
While the city's FY03104 CDBG funding request increased $16,204 this year (from $35,000 to
$51,204) for initial year planning and administration costs, the city's General Fund
expenditures decrease $140,000 per year. By contracting with the Children's Bureau for the
operation of programs at Oak View, the city will be able to maintain and actually increase
certain services to Oak View while saving $140,000 per year in taxpayer dollars. The
Children's Bureau's estimated annual budget is $159,000, excluding the CDBG allocation.
The agreement contains a clause that allows the Children's Bureau to cancel the agreement
with 30 days notice if the funding is not available to implement the agreement. The city may
G:IRCA12003103-001 Approve License Agreement with Children's Bureau for Oak View Center.doc -2-
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RE9JEST FOR COUNCIL ACTIONO
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: CS03-001
also cancel the agreement with 30 days notice at its discretion. The Children's Bureau will
provide the required insurance and documentation of 501(c)(3) non-profit status. The
Children's Bureau has no property interest in Oak View as this is a nonexclusive license
agreement for the operation of programs and activities and thus does not come under
Charter Section 612 (Measure C).
On January 8, 2003, the Community Services Commission reviewed and approved the
proposed transition plan with the Children's Bureau.
Staff is recommending Council approve the agreement so that efforts can begin with the Oak
View neighborhood and the Children's Bureau to transition the operation of the Oak View
Center programs and activities to the Children's Bureau.
Environmental Status: NIA
Attachment(s):
RCA Author: RH:cr
G:IRCA12003103-001 Approve License Agreement with Children's Bureau for Oak View Center.doc -3-
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NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Table of Contents
Premises and Permission to Use...........................................................................
I
Superseding of Prior Agreement..........................................................................
2
Contract Administrator.........................................................................................
2
Licensee's Responsibilities for Operating a Community Center Program ............
2
Licensor's Responsibilities...................................................................................
4
LicenseFee...........................................................................................................5
Timeof Essence....................................................................................................
5
Term.....................................................................................................................
5
lion -Possessory Interest.......................................................................................
5
Non-Recording.....................................................................................................
6
Indemnification, Defense and Hold Harmless Agreement ...................................
6
Workers' Compensation and Employers' Liability Insurance...............................6
General Public Liability Insurance.......................................................................
7
Certificates of Insurance; Additional Insured Endorsements ...............................
8
Insurance Hazards................................................................................................
8
Hazardous Substances..........................................................................................
9
Nondiscrimination................................................................................................
10
Relocation and Assistance....................................................................................
I 1
Careof Premises...................................................................................................
12
Inspection of Premises..........................................................................................
12
Licensor's Option to Close the Premises..............................................................
13
PublicNecessity...................................................................................................
13
Payment of Utility Charges..................................................................................13
RealProperty Taxes..............................................................................................
14
Personal Property Taxes and Business License ....................................................
14
Payment of Obligations........................................................................................
14
Compliancewith Laws.........................................................................................
14
Damage, Destruction or Nuisance........................................................................
15
Liens
"
No Condemnation Value to Licensee...................................................................
16
Termination...................................................................................................
HoldOver.............................................................................................................
16
Installation and Res -nova] of Trade Fixtures.........................................................
16
Restoration and Surrender of Premises/Title toImprovements ............................
17
Defaultby Licensee..............................................................................................
18
Insolvency of Licensee.........................................................................................
18
Cumulative Remedies...........................................................................................
18
NoAssignment....................................................................................
19
Waiverof Default.................................................................................................
19
Consent.................................................................................................................
19
Force Majeure - Unavoidable Delays...................................................................
19
Notice....................................................................................................................
20
Binding on Heirs and Successors.........................................................................20
Survival.................................................................................................................
20
02agreeijmf/Children's Bureau License Agmt12/26/03
45 Waiver of Claims..................................................................................................21
46 Conflict ofInterest................................................................................................21
47 Independent Contractor........................................................................................ 21
48 Legal Services Subcontracting Prohibited............................................................22
49 Section Headings.................................................................................................. 22
50 Modification......................................................................................................... 22
51 Interpretation of this Agreement........................................................................... 22
52 Governing Law.....................................................................................................23
53 Mediation..............................................................................................................23
54 Attorney's Fees..................................................................................................... 23
55 Duplicate Original................................................................................................24
56 Entirety................................................................................ ............. 24
02agree/3mf/Chi1dren's Bureau License AgmL/2/26iO3
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NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
THIS NOri-EXCLUSIVE LICENSE AGREEMENT (the "Agreement") is made and
entered into thish of 2003, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California ("Licensor"), and CHILDREN'S
BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation ("Licensee").
WHEREAS, Licensee represents and warrants that it is a nonprofit organization that
wishes to operate programs and activities in recreation and human services at the Oakview
Community Center, and that there are no lawsuits or claims against it or any of its employees,
agents or volunteers, for negligence, violations of law or misconduct: and
Licensee desires to use Licensoe's real property located at 17261 Oak Lane, in
Huntington Beach, for recreation and human services programs; and
Licensor has relied on Licensee's above representation and warranties as a basis for
entering into this Agreement and on that basis 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:
PREMISES AND PERMISSION TO USE
Licensor owns the real property located at 17261 Oak Lane, Huntington Beach,
California, known as the Oakview Community Center, whose legal description is set forth in
Exhibit "A" and whose location is depicted in the map provided in Exhibit "B" (the
"Premises"), which are attached hereto and fully incorporated herein. Licensor grants to
Licensee a non-exclusive license to provide and operate a community center program on the
02agrecijrnVChi1dren's Bureau License Agmu2`26103
Premises. The license granted herein is conditioned on Licensee operating the community center
program discussed herein.
The right and permission of Licensee is subordinate to the prior and paramount
right of Licensor to use the Premises for public purposes to which it is now and may, at the
option of Licensor, be devoted. Licensee undertakes and agrees to use the Premises and to
exercise this license at all times in such manner as will not unreasonably interfere with the full
use and enjoyment of the Premises by Licensor.
Licensee hereby acknowledges title to the Premises is vested in Licensor 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. Licensee agrees to obtain
prior written approval from Licensor before any alteration or expansion of the Premises.
2. StiPERSEDING OF PRIOR AGREEMENT
This Agreement shall supersede and replace any existing agreement(s) for the
Premises currently entered into by and between the parties and all supplemental agreement(s)
entered into by and between the parties regarding the existing agreement(s).
3. CONTRACT ADMINISTRATOR
Licensor's Director of Community Services, or his designee, shall be the
Licensor's Contract Administrator for this Agreement with the authority to act on behalf of
Licensor for the purposes of this Agreement, and all approvals and notices required to be given
herein shall be so directed and addressed.
4. LICENSEE'S RESPONSIBILITIES FOR OPERATING A COMMUNITY
CENTER PROGRAM
Licensee shall do all of the following:
02agree/jmf/Children's Bureau License AgmY2/26103 2
(a) Obtain and maintain any governmental licenses, permits and approvals
required to enable Licensee to operate a community center program on the Premises;
(b) Provide fully qualified staff and instructors for a community center
program in accordance with any applicable governmental requirements;
(c) Provide any equipment, supplies and materials required to operate the
community center program;
(d) Immediately notify Licensor in writing of any lawsuits, citations or claims
against Licensee or any of its employees, agents or volunteers for negligence, violations of law
or misconduct;
(e) Provide a drop -in, recreation program during the following times: 2:00
p.m. — 6:00 p.m. Monday through Friday; and 10:00 a.m. — 4:00 p.m. Saturday;
(f) Provide a family resource center, which should offer youth and teen
programs, counseling services and cultural classes:
(g) Upon the delivery of United States Department of Agriculture
commodities, provide the distribution of such commodities to the community;
month;
(h) Oversee services of the Salvation Army Office;
(i) Coordinate holiday food baskets with St. Bonaventure's HOPE Office;
0) Attend meetings of the Oakview Task Force on the third Thursday of each
(k) Coordinate with Oakview Elementary School for the use of the Premises
for awards, arts programs and parent presentations;
(1) Provide the use of the Premises free of charge for the Adult Literacy
Program in coordination with the Oakview Branch Library;
02agree/jmf/Children's Bureau License Agmt/2/2b103 j
(m) Provide the Premises free of charge to Oakview High School for monthly
student and parent meetings;
(n) Provide recreation and social activities, as necessary, to meet community
needs in the Oakview area, subject to Licensee's ability to obtain liability insurance for such
activities at commercially reasonable rates; and
(o) Obtain Licensor's written approval for any material modifications or
changes to Sections 4(a) through (n) above.
Licensee's obligation to provide the above -referenced services is contingent upon
Licensee receiving Fifty-three Thousand Four Dollars ($53,004.00) per year in funding from
Licensor, which funding Licensor is obtaining from a Community Development Block Grant
("CDBG") for funding programs at the Oakview Community Center which are mutually agreed
to by the parties to this Agreement. Notwithstanding the foregoing, Licensor is under no
obligation to provide any additional funding to Licensee should Licensor, in its sole discretion,
choose not to do so.
5. LICENSOR'S RESPONSIBILITIES
Licensor shall be responsible for providing to Licensee the Premises for Licensee
to provide all services required in Section 4 herein. In addition, Licensor shall act on behalf of
Licensee to obtain CDBG funding for Licensee's programs as stated in Section 4 herein.
Licensor shall provide the exterior and interior building and grounds maintenance as outlined in
Section 19 herein. Licensor shall be responsible for all maintenance and supervision of outdoor
facilities at the Premises, including the play equipment, skateboard park and athletic fields.
Licensor shall provide oversight of Licensee's programs through the Licensor's Community
02agrec/jmfiChildren's Bureau license AgmG2127103 4
Services Department, Superintendent of Recreation, Human & Cultural Services. Licensor shall
coordinate the meetings of the Oakview Task Force.
G. LICENSE FEE
Licensee shall pay Licensor One Dollar ($1.00) per year for use of the Premises
(the "License Fee")
7. TIME OF ESSENCE
Time shall be the essence of this Agreement and each and all of its terms.
covenants or conditions in which performance is a factor.
8. TERM
This Agreement shall commence at 12:01 a.m. on May 1.2003, for a two-year
term, which shall expire at 11:59 p.m. on April 30, 2005, unless extended, or sooner terminated,
as provided for herein. At the end of the initial term, the term of this Agreement shall
automatically renew for one additional two-year term unless either party, by December 31, 2004,
gives the other party written notice of its intent not to renew for the additional term.
9. NON -POSSESSORY INTEREST
Licensor retains full possession of the Premises and any improvements or
personal property owned by Licensor on the Premises. Licensee will not acquire any interest in
the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or
otherwise, by reason of this Agreement or by the exercise of the permission given herein.
Licensee shall make no claim to any such interest. Any violation of this provision by Licensee
will immediately void and terminate this Agreement.
02agreeljmVChildren`s Bureau License Agm112126iW 5
10. NON -RECORDING
Licensee shall not record this Agreement.
11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT
Licensee hereby -agrees to -protect, defend, indemnify and hold harmless Licensor,
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 (including arbitration) of every nature or liability
of any kind or nature) arising out of or in connection with (1) the use or occupancy of the
Premises by Licensee, its officers, employees or agents, or (2) the death or injury of any person
or the damage to property caused by any act or omission of Licensee, its officers, employees or
agents, or (3) Licensee's (or Licensee's agents and/or sublicensee, if any) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
Licensee, its officers, agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole
cost and expense and Licensor shall approve selection of Licensee'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
Licensee.
12. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE
Licensee acknowledges awareness of Section 3700 et seq. of the California Labor
Code, which requires every employer to be insured against liability for workers' compensation.
Licensee covenants that it shall comply with such provisions prior to the commencement of this
Agreement. Licensee shall obtain and furnish to Licensor workers' compensation and employers'
02agreeijmVChi1dren's Bureau License AgintM26.103 6
liability insurance in amounts not Iess than the State statutory limits. Licensee shall require all its
sublicensees and contractors to provide such workers' compensation and employers' liability
insurance for all of the sublicensees' and contractors' employees. Licensee shall furnish to
Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and
employers' liability insurance and Licensee shall similarly require all sublicenses and contractors
to waive subrogation.
13. GENERAL PUBLIC LIABILITY INSURANCE
In addition to the workers' compensation and employers' liability insurance and
Licensee's covenant to defend, hold harmless and indemnify Licensor, Licensee shall obtain and
furnish to Licensor, a policy of general public liability insurance, including motor vehicle
coverage against any and all claims arising out of or in connection with the Premises. This
policy shall indemnify Licensee, its officers. employees and agents, while acting within the
scope of their duties, against any and all claims arising out of or in connection with the Premises,
and shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate limit
must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall
name Licensor, its officers, elected or appointed officials, employees, agents, and volunteers as
Additional Insureds, and shall specifically provide that any other insurance coverage which may
be applicable to the Agreement shall be deemed excess coverage and that Licensee's insurance
shall be primary.
02agree/jmf/Children's Bureau License AgrnY2/26 03 7
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
14. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencement of this Agreement, Licensee shall furnish to Licensor
certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; these certificates shall:
(a) provide the name and policy number of each carrier and policy;
(b) shall state that the policy is currently in force; and
(c) shall promise to provide that such policies shall not be canceled or modified
without thirty (30) days' prior ,,kTitten notice of Licensor; however ten (10) days'
prior written notice in the event of cancellation for nonpayment of premium.
Licensee shall maintain the foregoing insurance coverages in force during the
entire term of the Agreement or any renewals or extensions thereof or during any holdover
period.
The requirement for carrying the foregoing insurance coverages shall not derogate
from Licensee's defense, hold harmless and indemnification obligations as set forth in this
Agreement. Licensor or its representatives shall at all times have the right to demand the
original or a copy of any or all the policies of insurance. Licensee shall pay, in a prompt and
timely manner, the premiums on all insurance hereinabove required.
15. INSURANCE HAZARDS
License; shall not commit or permit the commission of any acts on the Premises
nor use or permit the use of the Premises in any manner that will increase the existing rates for,
02agreedmf/Children's Bureau License: Agmu2126:'03
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or cause the cancellation of any liability, property, or other insurance policy for the Premises or
required by this Agreement. Licensee shall, at its sole cost and expense, comply with all
requirements of any insurance carrier providing any insurance policy for the Premises or
required by this Agreement necessary for the continued maintenance of these policies at
reasonable rates.
16. HAZARDOUS SUBSTANCES
Licensee represents and warrants that its use or occupation of the Premises shall
not generate any Hazardous Substance (as defined below in this Section), and it shall not store or
dispose on the Premises nor transport to or over the Premises any Hazardous Substance during
the entire term of this Agreement or any renewals or extensions thereof or during any holdover
period. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee
of ordinary cleaning products as customarily used in Licensee's ordinary course of business at
the Premises, provided that Licensee complies with all provisions of law as to the use, storage
and disposal of such products. Licensee further agrees to clean up and remediate any such
Hazardous Substance resulting from or caused by Licensee's or any of its agent's use of the
Premises and/or the performance of this Agreement by Licensee or any of its agents. Licensee
further agrees to protect, defend, indemnify and hold harmless Licensor, 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 (including arbitration) of every nature or liability of any kind or
nature) arising out of or in connection with any such Hazardous Substance and any damage, loss,
or expense or liability resulting from any such Hazardous Substance including, without
limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release
02agreeljmVChildren's Bureau license Agmu'2/26103 9
caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all
defense at its sole cost and expense and Licensor shall approve selection of Licensee'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 Licensee. "Hazardous substance" shall be interpreted broadly to mean any
substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic
material, hazardous or toxic or radioactive substance, or other similar term, by any Federal, State
or local environmental law. regulation or rule presently in effect or promulgated in the future, as
such law, regulation or rule may be amended from time to time; and it shall be interpreted to
include, without limitation, any substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death or disease.
17. 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,
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
02agreeljmVChildren's Bureau License Agmd2/26/03 10
their race, religion. color, ancestry, sex, age, national origin or physical handicap. Such action
shall include, without limitation, 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, without limitation, 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 Licensor, 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.
Licensor 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
law and has issued an order which has become final, or obtained an injunction. In the event of
violation of this Section, Licensor shall have the right to terminate this Agreement, and any loss
of revenue sustained by Licensor by reason thereof shall be borne and paid for by Licensee, at
Licensee's sole cost and expense.
18. RELOCATION AND ASSISTANCE
In the event this Agreement is terminated for any legal reason by Licensor,
Licensee shall not be entitled to any relocation rights or benefits and expressly waives such
benefits and rights under local. State or Federal relocation assistance plans.
02agree;jmt Children's Bureau License AgmV2126%03 11
19. CARE OF PREMISES
Licensor shall do all of the following:
(a) Licensor shall be solely responsible for all exterior maintenance including
landscaping; and
(b) Licensor shall be solely responsible for non -custodial interior maintenance.
Licensee shall do all of the following:
(a) Licensee shall be solely responsible for all interior custodial maintenance
of the Premises and the community center program;
(b) Licensee shall not obstruct, cause or permit any obstruction surrounding
the Premises or any part thereof in any manner whatsoever; and
(c) Licensee shall comply with all written notices served by Licensor with
regard to the care and maintenance of the Premises.
Licensor may provide written notice specifying the work to be done, the estimated cost of such
work and the period of time deemed to be reasonably necessary for completion of such work.
Should Licensee fail to comply with Licensor's written notice within fifteen (15) days, or within
a time deemed reasonably necessary of the time specified therein, Licensee shall immediately
pay over to Licensor the estimated cost of such work as set forth in the notice. Upon receipt of
such sum, Licensor shall then proceed to cause the required work to be performed.
20. INSPECTION OF PREMISES
Without advance notice given by Licensor to Licensee, Licensee shall permit
Licensor or Licensor's agents, representatives or employees to enter the Premises at all
reasonable times for the purpose of inspecting, investigating and surveying the Premises to
determine whether Licensee is complying with the terms of this Agreement and for the purpose
02agree/jmfiChildren's Bureau License Agmv2 26iO3 12
E
U
of performing other lawful acts that may be necessary to protect Licensor's interest in the
Premises or to perform Licensor's duties under this Agreement. Licensor also shall have the
right in its sole discretion to perform any and all work of any nature necessary for the
preservation, maintenance and operation of property owned, controlled or occupied by Licensor.
Licensee shall be given reasonable notice when such work becomes necessary, and Licensee
shall adjust its operations on the Premises in such a manner that Licensor may proceed
expeditiously.
21. LICENSOR'S OPTION TO CLOSE THE PREMISES
Licensor may close the Premises without liability and without advance notice to
Licensee therefore at any time as Licensor 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 Licensor in
its sole discretion.
22. PUBLIC NECESSITY
Licensor may, upon twenty-four (24) hours notice in writing to Licensee, suspend
or revoke this Agreement without liability to Licensee when public necessity so requires, or
suspend operation immediately hereunder temporarily in the event of public emergency, as may
be determined by the City Administrator in his or her sole discretion. Such suspension will
terminate when the public necessity or emergency no longer exists.
23. PAYMENT OF UTILITY CHARGES
Licensee shall pay, and hold Licensor and the property of Licensor free and
harmless from, all charges for telephone services on the Premises during the entire term of this
Agreement or any renewals or extensions thereof.
02agree/jmf/Children's Bureau License Agmt12126/03 13
Licensor shall provide for all charges for the furnishing of gas, water, electricity
and other public utilities for the Premises, and for the removal of garbage and rubbish from the
Premises.
24. REAL PROPERTY TAXES
All real property taxes levied or assessed against the Premises by any
governmental entity shall be timely paid by Licensor.
25. PERSONAL PROPERTY TAXES AND BUSINESS LICENSE
Licensee shall timely pay all taxes, assessments, or other charges levied or
imposed by any governmental entity on the trade fixtures and other personal property placed by
Licensee in, on, or about the Premises including, without limiting the generality of the other
terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment,
brought on the Premises by Licensee. Licensee shall also maintain a business license from
Licensor.
26. PAYMENT OF OBLIGATIONS
Licensee shall promptly pay, at its sole cost and expense, before they become
delinquent, any and all bills, debts, liabilities and obligations incurred by Licensee in connection
with Licensee's occupation and use of the Premises and/or operation of the community center
program. Upon request. Licensee shall promptly furnish to Licensor satisfactory evidence
establishing such payment.
27. COMPLIANCE WITH LAWS
Licensee, at its sole cost and expense, shall comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including, without limitation, Federal,
State, county or municipal, relating to Licensee's use and occupancy of the Premises whether
02agreeljmfrChildren's Bureau License A mu2/26:'03 14
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 Licensor. Licensee
shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee
regarding any alleged violation of law regarding the Agreement or Premises or from any person
allegedly entitled to give notice under any conditions, covenants, or restrictions binding or
affecting the Premises. 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
Licensor and Licensee and shall be grounds for termination of this Agreement by Licensor.
28. DAMAGE, DESTRUCTION OR NUISANCE
Licensee shall not commit or permit the commission by others of any damage or
destruction of on, or to 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.
29. LIENS
Licensee shall not permit any mechanics' or materialmens' or other liens to stand
against the Premises by reason of any use or occupancy by Licensee, or any person claiming
under Licensee. If Licensee desires to contest or withhold any payment which would lead to the
placement of any liens or contest any such liens, then prior to commencing such contest and
withholding, Licensee shall furnish Licensor with a bond to secure the payment of such
obligation and obtain Licensor's prior written approval of the bond.
02agree:jmGChi1dren's Bureau License Agmt/2Q iO3 15
30. NO CONDEMNATION VALUE TO LICENSEE
If any property described herein or hereinafter added hereto is taken in eminent
domain. the entire award shall be paid to Licensor. This Agreement shall have no condemnation
value to Licensee.
31. TERMINATION
Licensor may terminate this Agreement at any time with or without cause, upon
thirty (30) days prior written notice to Licensee. Licensee may terminate this Agreement in the
event its'anticipated federal or state funding for support of the community center program
becomes unsuitable or is otherwise terminated or if Licensor fails to provide the funding to
Licensee identified in Section 4 above, upon thirty (30) days prior written notice to Licensor.
32. HOLD OVER
Should Licensee hold over and continue in possession of the Premises after
expiration of the term of this Agreement or any extensions or renewals thereof, Licensee's
continued occupancy of the Premises shall be considered a month -to -month license subject to all
the terms and conditions of this Agreement.
33. INSTALLATION AND REMOVAL OF TRADE FIXTURES
Licensee shall provide any equipment, supplies and materials required to operate
the community center program. In addition, Licensee shall have the right at any time and from
time to time during the term of this Agreement and any renewal or extension thereof, at
Licensee's sole cost and expense, to install and affix in, to, or on the Premises such items, herein
called "trade fixtures," for use in Licensee's trade or business as Licensee may, in its discretion,
deem advisable. Any and all such trade fixtures that can be removed without structural damage
to the Premises or any building or improvements on the Premises shall, subject to Section 34 of
02agree/jmVChi1dren's Bureau License Agmt'2126/03 16
this Agreement, remain the property of Licensee and may be removed by Licensee at any time
prior to the expiration or sooner termination of this License.
34. RESTORATION AND SURRENDER OF PREMISES/TITLE TO
IMPROVEMENTS
On expiration or termination of this Agreement, Licensee shall, without
compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good
condition as such were at the commencement date of this Agreement, reasonable wear and tear
excepted. Licensee also shall, without compensation to Licensee, surrender all improvements to
Licensor in good condition and repair, ordinary wear and tear excepted, free and clear of all liens
and encumbrances. Licensee also shall remove all of its trade fixtures and other personal
property. Licensor may in its sole discretion accept all or any portion of the Premises. as then
improved whh improvements and no sum whatsoever shall be paid to Licensee or any other
person: or Licensor may require Licensee to remove all or any portion of such improvements, at
Licensee's own risk and cost and expense; or Licensor may itself remove or have removed all or
any portion of such improvements, at Licensee's own risk and cost and expense. If required by
Licensor to do so, in removing any such improvements, 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 Licensor and shall be completed within
thirty (30) days of the expiration or termination of this Agreement, provided, however, that
Licensee shall be considered a holdover licensee after expiration or termination of the
Agreement until the time Licensee completes this removal and restoration work, including,
without limitation, the removal of all of its trade fixtures and other personal property left on the
Premises. In addition, all of Licensee's trade fixtures and other personal property left on the
02agree;jmG`Children's Bureau License Agmu2.'26103 17
Premises after the expiration of this 30-day period, regardless of cause, shall be deemed
abandoned by Licensee. In Licensor's sole discretion, it may choose to do one or more of the
following: (1) take any or all of such trade fixtures and other personal property as Licensor's
property; (2) store any or all of such trade fixtures and other personal property in a public
warehouse or other location at the sole cost, expense and risk of Licensee, and for the account
and in the name of Licensee; or (3) dispose of any or all of such trade fixtures and other personal
property without any liability to Licensee. In addition, Licensee's indemnification, hold
harmless and defense obligations set forth in this Agreement shall apply to such trade fixtures
and/or other personal property, and to Licensor's action with respect thereo.
35. DEFAULT BY LICENSEE
Should Licensee default in the performance of any of the terms, conditions, or
obligations contained in the Agreement, Licensor may, in addition to the remedies specified
herein, re-enter and regain possession of the Premises in the manner provided by the laws of the
State of California then in effect.
35. INSOLVENCY OF LICENSEE
The insolvency of Licensee as evidenced by a receiver being appointed to take
possession of all or substantially all of the property of Licensee, or the making of a general
assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall
terminate this Agreement and entitle Licensor to re-enter and regain possession of the Premises.
37. CUMULATIVE REMEDIES
The remedies given to Licensor in this Agreement shall not be exclusive, but shall
be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere
provided in this Agreement.
02agreeijmfiChi]dren's Bureau License Agmti2i26103 18
38. NO ASSIGNMENT
This Agreement is personal to Licensee, and Licensee shall not assign, transfer or
sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will
be void and confer no right on any third party.
39. WAIVER OF DEFAULT
The waiver by Licensor of any default by Licensee of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent default by
Licensee either of the same or another provision of this Agreement.
40. CONSENT
When Licensor's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
41. FORCE MA.IEURE — UNAVOIDABLE DELAYS
Should the performance of any act required by this Agreement to be performed by
either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout,
labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any
other cause except financial inability not the fault of the party required to perform the act, the
time for performance of the act shall be extended for a period equivalent to the period of delay,
and performance of the act during the period of delay shall be excused. Provided, however, that
nothing contained in this Section shall excuse the prompt payment of the License Fee or other
consideration by Licensee as required by this Agreement or the performance of any act rendered
difficult solely because of the financial condition of the party, Licensor or Licensee, required to
perform the act.
02agree/jmf/Children's Bureau License Agm1/2126/03 19
42. NOTICE
Unless specifically providing for verbal or electronic notice, all notices,
certificates, or other communications required to be given hereunder shall be in writing and
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 — return receipt requested; or (c) one (1) business day after being sent by reputable
overnight courier, in each case to the addresses specified below; provided that Licensor and
Licensee, by notice given hereunder, may designate different addresses to which subsequent
notices, certificates or other communications will be sent:
LICENSOR:
LICENSEE:
City of Huntington Beach Attn: Director of Community Services
ATTN: Director of Community Services Children's Bureau of Southern California
2000 Main Street, P.O. Box 190 50 S. Anaheim Blvd., Suite 241
Huntington Beach, CA 92648 Anaheim, CA 92805
43. BINDING ON HEIRS AND 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, including, without limitation.
their assignees, encumbrancers, occupiers or users, sublicensees or other transferees. The
provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and
conditions against assignments, encumbrances, occupations or uses, sublicensees or other transfers
hereinbefore set forth, or (2) Licensor's consent thereto.
44. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the termination or expiration of this Agreement, shall so survive.
02agree/jmf/Children's Bureau License AgmV2/26/03 20
45. WAIVER OF CLAIMS
Licensee hereby waives any claim against Licensor, its officers, elected or
appointed officials, employees, agents or volunteers 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 declaring this Agreement null, void
or voidable, or delaying the Agreement or any part thereof from being carried out.
46. CONFLICT OF INTEREST
Licensee warrants and covenants that no official or employee of Licensor, nor any
business entity in which an official or employee of Licensor is interested, (1) has been employed
or retained by Licensee to solicit or aid in the procuring of this Agreement; or (2) shall be
employed by Licensee in the performance of this Agreement without the immediate written
divulgence of such fact to Licensor. In the event Licensor 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 Licensor, Licensee, upon request of Licensor,
shall terminate such employment immediately. For default or violation of this Section, Licensor
shall have the right both to terminate 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 Licensor shall have any financial interest in this Agreement in
violation of the applicable provisions of the California Government Code.
47. INDEPENDENT CONTRACTOR
Licensee is, and shall be, acting at all times in the performance of this Agreement
as an independent contractor herein and not as an employee of Licensor. Licensee shall secure at
02agreeljmfiChildren's Bureau License AgmV2126M 21
its expense, and be responsible for all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions of
Licensee and its officers, agents and employees and all business licenses, if any, in connection
with the services to be performed hereunder.
48. LEGAL SERVICES StiBCONTRACTING PROHIBITED
Licensee and Licensor agree that Licensor 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. Licensee understands that pursuant to Huntington
Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for Licensor;
and Licensor shall not be liable for payment of any legal services expenses incurred by Licensee.
49. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or.excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
50. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
51. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
02agree/jmflChildreWs Bureau License Agmd2/26103 22
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
52. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
53. MEDIATION
Before either of the parties files a lawsuit regarding a dispute with respect to this
Agreement, the parties will attempt to resolve any such dispute through mediation. The parties
shall mutually select a third -party mediator and share the costs of such mediator.
54. ATTORNEY'S FEES
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.
02agree.jmf;Children's Bureau License AgrnVM6/03 23
55. 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.
56. 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, the Premises, the licensing of the Premises to Licensee, or the term created under
this Agreement and supercede all prior understandings and agreements, whether oral or in
writing between the parties respecting the subject matter hereof.
[SIGNATURES ON !NEXT PAGE]
02agree/jmf-'Children's Bureau License agmVV26.03 24
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:
CHILDREN'S BUREAU OF SOUTHERN
CALIFORNIA, a California
nonprofit corporation
I N.
�} Lc- X MofLA LES
print name
ITS: (circle one) Chairm Presiden Vice President
AN
By: �Ur1E�lG
Rl CH ARD K LGIrJ
print name
ITS: (circle one) SecretaryiC=Fina,,ial ficer/Asst.
Secretary — Treasurer
LICENSOR:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Ca fornia ,
25WAdw�
Mayor
ATTEST:
Ciiy Clerk
APPROVED AS TO FORM:
c,
r
Cit � Attorney
%fV2
NITIATED AND 'UROV
r of Community S/rvices
Eul Im. 926 0]Thlf3
Q .• (
City-'dministrator
y-/5/-0 3
26X3
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02agree/jmf.Children-s Bureau License Agmu2126r03 25
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is
Exhibit "A"
The premises is commonly known as 17261 Oak Lane, Huntington Beach, CA 92647, whose
southwest corner is located approximately 100 feet south and 125 feet west from the most
northeasterly corner of Orange County assessor's parcel 165-241-37, see Exhibit `B",
more specifically described as:
The north 430.00 feet of the south 1090.00 feet of the east
460.00 feet of the east half of the Southwest Quarter of the .
Northeast Quarter of Section 26, Township 5 South, Range 11
West, as shown on a map recorded in Book 51, Page 13,
Miscellaneous Maps, Records of Orange County.
Excepting therefrom the north 330.00 feet of the west 263.56
feet.
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From: Mary Ann Haggerty At: Chapman 8 Associates F To: Jeanine Laudenhack Date: 3/21103 10:26 AM Page: 2 of 3
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ACORD CERTIFICATE OF LIABILITY INSURANCE DID ID DATE IMMIDDIYWYI
CHILD-1 03 21 03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Chapman S Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #052202 4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . 0 . Box 5455 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena CA 91117-0455
Phone:626-405-8031 Fax:626-405-0585
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEIUCLES f EXCLUSIONS ADDED BY ENDORSFIIENTI SPECIAL PROVISIONS
The City of Huntington Beach, its agents officers and employees are named as
additionally insured with respects to the operations of the named
insured.
GtK I11•IGAI t HULUtK
City of Huntington Beach
Risk Management; Division
2000 Main St.
Huntington Beach CA 92648
CITYOFH t$NUULUANY Vr1'MC A06Ve DESCRIDPQ rOUCIESEECANCELLED BEFORE TKe EN04RATION
DATE THEREOF, THE ISSUING INSURER WILL 0903XIM01=MAIL 30 DAYS WRITTE N
NOTICE TO THE CERTWIrATE HOLDER NAMED TO THE LEFT. BUT A
I R
PAMEREhIiAiIVES-
From: Mary Ann Haggerty At: Chapman & Associates ID: To: Jeanine Laudenback .
ct �j
Date: 3r11103 11:21 AM Page: 3 of 3
Riverport Insurance Company.
POLICY NUMBER: RP0003467 CL-261
(11-85)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 11 85
ADDITIONAL INSURED -DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
City of Huntington Beach, Its Agents, Officers and Employees
Risk Management Department
2000 Main St.
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 II) is amended to include as an insured the person or organization
shown in the Schedule as an insured but only with respect to liability arising out of your operations or
premises owned by or rented to you.
Named Insured:
Children's Bureau of Southern California
3910 Oakwood
Los Angeles, CA. 90004
Authorized representative: GS Chapman
Dated: 3i21I03
APPROVED AS TO FORM
JENNIFER bWRAM CHV
From: Mary Ann Haggerty At: Chapman & Associates D: To: Jeanine Laudenback
0
Date: 3/21103 11:21 AM Page: 2 of 3
Gt CGS % v�awck 4t (o
CERTIFICATE
HOLDER COPY
60O. 10
STATE P.O. BOX 420807. SAN FRANCISCO, CA 94142-0807
COMP13NSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MARCH 21, 2003 GROUP:
POLICY NUMBER: 1592777-2002
CERTIFICATE ID: 142
CERTIFICATE EXPIRES: 07-01-2003
07-01-2002/07-01-2003
THE CITY OF HUNTINGTON BEACH
R;SK MANAGEMENT DEPARTMENT
2000 MAIN ST.
H'JNGTINGTON BEACH CA 92648
OAK VIEW COMMUNITY CENTER
This Is to certify that we have issued a valid Worker's Compensation Insurance Policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be Issued or may pertain, the Insurance afforded by the policies
described herein is subject to all the terms, exclusions, and conditions, of such policies.
77eol� ems'„
AU7HORZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCL'JDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
EINDORSEMEN^- #2065 ENTITLED CERTIFICATE HOLDERS' NOT=CE EFFECTIVE 07-01-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
0V.ED AS TO FORM
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EMPLOYER
CHILDRE:Y' S BUREAU OF SOUTHERN CALIFORNIA
3910 OAKWOOD AVE
LOS ANGELES CA 90004
SCIF 10282E IEPF•Ul: B51
s �ii INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Ron Hagan
2. Date: February 4, 2003
3. Name of contractor/permittee: Children's Bureau of Southern California
4. Description of work to be performed: Operate Family Resource Programs at Oak View
Ctr
5. Value and length of contract: $51,000 CDBG Fund Grant/5 years, _w11-year termination
6. Waiver/modification request: Property Insurance
7. Reason for request and why it should be granted: City will maintain all property.. License
Agreement is for programs only.
8. Identify the risks to the City in approving this waiver/modification: None
ent Head S%(nature
4
Date:
APPROVALS
Approvals must be obtained in the order listed on this forma 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 ❑ Denied
Signature Date
2. City Attorneys Office/57A
5TApproved ❑ Denied 3
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiverlrnodification 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 the Risk Management Division of Administrative Services
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ATTACHMENT #2
OAK =nsfer
TER
Oper
2002 — 2003 budget impact on
Center
■ City Council direction to staff in 2002
Child'reWs Bureau
of Southern California
MISSION:
To assist children in becoming Garin
productive adults b'
• Working to prevent child abuse and neglect
• Protecting, nurturing and treating abused chil
■ Enhancing the potential of families and
communities to meet the needs of their children
• Advancing the welfare of children and families
through research and advocacy
1
Children's Bm
in the Oak Vie
au Experience
ommunity
• Children's Bureau serving the O
View Community since 1991
• Lead agency for the Oak View
Collaborative
Oak View C 1Aaborative
• Parenting education classes
• In -home parenting support and case
• Health education and health access
• Domestic violence prevention and interven
• Literacy, homework, computer and arts prc
• Youth and teen clubs
• Youth career activities
2
Upcorfilng�Expanded
Progra
CDBG funding will provide:
✓ Youth development programs
✓ After school activities
✓ Youth sports programs
✓ Recreation activities
Ongoing Cit�ivolvement
► Oak View Task Force Participant lude:
Economic Development
Community Services
Library
Police Department
Public Works
Code Enforcement
► Oversight of the Children's Bureau Agreement
3
Communit-SSeCommission
reviewed and approved on January S, 2003
Recommended Action
• Approve the agreement between the
of Huntington Beach and the Children
Bureau of Southern California
n
CHILD 'S BUREAU
FUNDING S RCES
• Prop 10 Grants
• County Social Services Funding
• United Way
• O.C. Community Foundation
• Children's Bureau Fundraising
• CDBG Funding
RCA ROUTING SHEET
INITIATING DEPARTMENT:
COMMUNITY SERVICES
SUBJECT-
APPROVE LICENSE AGREEMENT WITH CHILDREN'S
BUREAU FOR OPERATION OF OAK VIEW CENTER
COUNCIL MEETING DATE:
I April 7, 2003
RCA ATTACHMENTS.. . '
--9TATUS-'-f`
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)
�UJ ned in f yll by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomg)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Attached
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
EXPLANATION 'FORWISSING, HMENTS
_FORWARDED:RETURNED!
Administrative Staff
Assistant City Administrator (initial)
-------
City Administrator (Initial)
City Clerk
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RCA Author.
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