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HomeMy WebLinkAboutHuntington Beach Community Garden (HBCG) - 2015-07-06Dept ID CS 15-003 Page 1 of 2 Meeting Date 7/6/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/6/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of Memorandum of Understanding between the City and the Huntington Beach Community Garden (HBCG) for a term of five (5) years to manage a community garden on Southern California Edison (SCE) r)ropertv located at Atlanta Avenue and the Santa Ana River Statement of Issue The Community Services Department requests approval of a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Community Garden (HBCG) Financial Impact Not applicable Recommended Action Approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Community Garden " Alternative Action(s) Do not approve the Memorandum of Understanding with the Huntington Beach Community Garden and direct staff accordingly Analysis On June 21, 2010, City Council approved a Memorandum of Understanding (MOU) between the City and the Huntington Beach Community Garden (HBCG) to operate a community garden on Southern California Edison (SCE) property at Atlanta Avenue and the Santa Ana River The 2 5 acre parcel provides a location where members use available land for individual gardening plots All improvements to the site were completed by HBCG and the garden has operated successfully for nearly five years, with all available plots currently in use The MOU identifies responsibilities of both the City and HBCG The term of the MOU is set to expire and City Council is being asked to approve an additional five (5) year term Some of the general language in the MOU has been updated to describe current conditions, but the main points of the agreement will remain Key points in the MOU include City obligations include but not limited to • Execute and fund license agreement with SCE for site, provided budgetary conditions allow Item 9. - 1 HB 82- Dept ID CS 15-003 Page 2 of 2 Meeting Date 7/6/2015 • Provide for use of Community Services facilities, as available, for general membership meetings, waiving reservation fee, allow HBCG to disseminate flyers at community facilities • Provide, at least annually, to HBCG a list of approved fertilizers, pesticides, herbicides, etc which may be used on the property HBCG obligations include, but are not limited to • Provide copy of bylaws to City, and update City when changes occur • Provide to City approved written rules and regulations specifying procedure for lot assignments and operating rules • Maintain sole responsibility for purchase, construction, installation and maintenance of all amenities including, but not limited to, storage units, demonstration plots, benches, trash cans, drinking fountains, and bulletin boards • Comply with all noise ordinances, all applicable land use regulations, City codes, SCE codes and regulations • Maintain property, including any vacant or unused plots • Maintain responsibility to handle enforcement of all rules and regulations, including complaints and any conflict resolution • Provide annual accounting to City • Maintain perimeter fencing • Maintain responsibility for all water fees, uses, charges, with the exception of annual license fee to SCE Additional regulations for use of the property are governed by a license agreement between the City and SCE SCE has provided written approval, via e-mail communication, to extend the MOU for an additional five (5) year term Environmental Status Not applicable Strategic Plan Goal Improve quality of life Attachment(s) 1 Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Community Garden 2 E-mail communication from Southern California Edison 3 Huntington Beach Community Garden Bylaws HB -3183- Item 9. - 2 'I i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH COMMUNITY GARDEN THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on �Tt4 L. y 06 , 2015, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "City"), and HUNTINGTON BEACH COMMUNITY GARDEN, a private non-profit 5010 organization (hereinafter referred to as "HBCG") WHEREAS, City currently has a License Agreement with Southern California Edison (hereinafter referred to as "SCE") for a two and one-half acre parcel located south of Atlanta Avenue and adjacent to the Santa Ana River, with the knowledge and consent by SCE that the City will use such property as a community garden, and City wishes to accommodate the community's desire for a community garden in Huntington Beach, and Huntington Beach Community Garden (HBCG) wishes to enter into an agreement with City to manage a community garden NOW, THEREFORE, for and in consideration of the promises and covenants contained in this agreement and intending to be legally bound, the parties covenant and agree as follows SECTION 1 TERM This MOU will become effective on the date it is approved by the City Council of the City and shall terminate five (5) years thereafter, except with respect to any obligations hereunder which are to be performed thereafter Upon mutual written consent of the parties, this Agreement may be extended for an additional five (5) year term Both parties agree to provide notification of their intent to a term extension not later than ninety (90) days prior to the end of the term of the agreement Written consent by the city shall mean the City Manager or his or her designee 1 of 10 15-4728/121084 SECTION 2 OBLIGATIONS OF CITY The obligations of City pursuant to this Agreement will be as follows: i City will work with HBCG to provide a single water connection to the property • City will allow HBCG to disseminate flyers at community facilities, such as recreation centers, libraries and City Hall Is City will assist HBCG by providing facilities for meeting at a Community Services facility, such as a recreation center as available, with no rental fee (direct staff costs only), for HBCG general membership meetings- • City will fund the License Agreement with SCE for use of the specified property, provided budgetary conditions allow (Exhibit A) • If City becomes unable or unwilling to maintain the License Agreement with SCE and HBCG chooses not to pay said fee, or if SCE terminates or chooses not to renew its License Agreement with the city, HBCG accepts responsibility to vacate the site, and at its sole expense, return it to its original condition or condition requested by SCE, within, 30 (per SCE License Agreement with City) days • City will allow HBCG on -site distribution of information relating to the Garden operations and at appropriate city sponsored events with requests submitted in writing to City • City liaison will provide at the commencement of this agreement and thereafter annually, or more frequently if necessary, to HBCG a list of approved fertilizers, pesticides, fungicides, herbicides, etc., which may be used on the property • City liaison will be designated by the City's Director of Community Services, and any change in that person will be noticed to HBCG in writing • City will provide to HBCG a copy of all applicable land use regulations, City codes, and all SCE codes upon execution of the agreement • City may work with HBCG to locate other properties for community garden(s) within the city and with the understanding that the City has financial constraints and no obligation to enter into additional license or lease agreements for such use • City shall assist HBCG by posting city directional signs to garden site at no expense to HBCG 2of10 15-4728/121084 • City will assist HBCG by providing a reasonable amount of in-house printing and inclusion on the City's webpage SECTION 3 OBLIGATIONS OF HBCG The obligations of HBCG will be as follows • HBCG will provide copy of by-laws (Attachment A) to city, and update city when changes are made • HBCG will provide written rules and regulations specifying the procedure by which plots are assigned for approval of the City Assignment of the plots will comply with all non- discriminatory laws and practices • HBCG will be solely responsible for preparing layout or master plan including access ways as required by SCE, location of plots, etc., for approval by SCE and City HBCG will be responsible for securing prior written approval from City and SCE regarding any changes to the layout or master plan • HBCG will be solely responsible for the purchase, construction, installation and maintenance of all amenities including but not limited to storage units, demonstration plots, benches, trash cans, drinking fountains and bulletin boards • HBCG will be responsible for complymg with all applicable land use regulations, City codes, and all SCE codes and regulations for operation of the community garden • HBCG will comply with all City ordinances, including City's noise ordinance, Huntington Beach Municipal Code, Chapter 8 40 • HBCG will be responsible for all maintenance of property, including maintenance of any vacant or unused plots within the property • HBCG will be responsible for handling enforcement of all rules and regulations, including complaints and any conflict resolution per the rules and regulations established in HBCG Bylaws • HBCG will provide City with an annual accounting of member fees, proof of 501(c) 3 status, proof of insurance to meet City requirements, list of Board of Directors, and name and phone number of at least two contact people as designated by HBCG Board of Directors who will be the liaisons to City. 3of10 15-4728/121084 • Should City or SCE, at any time, wish to cancel and/or not renew the license for the property with the City, HBCG will be responsible for returning the site to its original condition or the standards set forth by SCE, within thirty (30) days of written Notice by City or SCE • HBCG will post bond of $1,000 with the City, to be returned at termination of this Agreement • HBCG will maintain in good operating condition perimeter fencing around the property including entry gates • HBCG shall be responsible for securing the gate so that the facility is locked Open hours are to be mutually agreed to by City and HBCG and posted on site • HBCG may only use fertilizer, pesticide, fungicide, herbicide, etc that comply with all current standards, in accordance with Federal, State, County, City regulations that have been specified by the City per Section 2 of this agreement • HBCG will be responsible for any adverse effects caused by any maternal used within the site as well as responsible for any equipment, supplies, fencing, irrigation, etc to be maintained in a safe manner within the facility. • HBCG will be responsible for all water fees, use, charges, related to use of the property with the exception of the annual rental fee for SCE • HBCG agrees to utilize best management practices (DMP's) for water use • HBCG will insure that vehicles will only be permitted on the property for temporary use as necessary to deliver materials or equipment. Vehicle parking will be limited to designated spaces as identified in the approved layout/master plan • HBCG must receive City consent such as a Temporary Use Permit and/or a Specific Event Permit that may be required to conduct any non -gardening event such as fundraising, sales, and festivals. Certain events may be regulated or prohibited by City land use code or policy SECTION 4 ACCESS TO CITY MARKS AND LOGOS HBCG shall have the right to use the official Huntington Beach City logo, surfboard logo, and City's "Surf City Huntington Beach" trademark with the prior written approval of City's Director of Community Services for using any of these logos or trademark, which 4of10 154728/121084 approval shall be at the sole discretion of the Director Note The surfboard logo is not the property of the City Neither logo will be used by HBCG for commercial purposes SECTION 5 HOLD HARMLESS HBCG shall protect, defend, indemnify and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of City SECTION 6 WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, HBCG acknowledges awareness of Section 3700 et seq of said Code, which requires every employer to be insured against liability for workers' compensation, HBCG covenants, that it will comply with such provisions prior to commencing performance of the work hereunder HBCG shall maintain worker's compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit HBCG shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees HBCG shall furnish to City a certificate of waiver of subrogation under the terms of the worker's compensation insurance and HBCG shall similarly require all subcontractors to waive subrogation SECTION 7 GENERAL LIABILITY INSURANCE In addition to the worker's compensation insurance and HBCG's covenant to indemnify City, HBCG shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage Said policy shall indemnify HBCG, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following 5of10 15-4728/121084 amounts combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability of $1,000,000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1,000,000 Said policy shall name City, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage wluch may be applicable shall be deemed excess coverage and that HBCG insurance shall be primary Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage SECTION 8 ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other parry A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person Any encumbrance, assignment or transfer, without the prior written consent of the other parry, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall at the option of the other party, terminate this MOU SECTION 9 TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth SECTION 10 CONFLICT OF INTEREST HBCG shall employ no City official nor any regular City employee in the work performed pursuant to this MOU No officer or employee of City shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code 6of10 15-4728/121084 SECTION 11 PHOTOGRAPHY City may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of HBCG activities However, consistent with good safety practices, City will endeavor to give 24-hour advance notification of such activities to HBCG In addition, if City receives compensation from such persons for such production within the community garden, City will grant 50% of such compensation to HBCG for support of HBCG garden related activities SECTION 12 NONDISCLOSURES/PRESS RELEASES HBCG shall consult with City prior to issuing any press releases or otherwise making any public statements with respect to the MOU, the transactions contemplated herein, or matters ansmg herefrom SECTION 13 CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by HBCG either of the same or another provision of this MOU SECTION 14 FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either City or HBCG 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 will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused 7 of 10 15-4728/ 121084 SECTION 15. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified, mail, postage prepaid, addressed to the party concerned, as follows City Director of Community Services City of Huntington Beach 2000 Main Street, P O Box 190 Huntington Beach, CA 92648 Phone. (714) 536-5486 HBCG Beach Community Garden HBCG Att President P O Box 5891 Huntington Beach, CA 92615 Phone ( ) - If a party desires to change the address for notices set forth herein, said party will provide 30 days advance written notice to the other party of any such change SECTION 16 ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees The prevailing party shall not be entitled to recover attorney's fees from the non -prevailing party SECTION 17 CONTROLLING LAW AND VENUE The right and Iiabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California Any controversy ansing out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California SECTION 18 SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU SECTION 19 TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU 8of10 15-4728/121084 SECTION 20 SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the nght of the City to enforce any and all indemnities given or made by HBCG under this MOU, nor shall it affect any provisions of this MOU that expressly states that the provision shall survive termination thereof. SECTION 21 NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed City or City affiliated board, commission or member thereof, or officer, official, employee or agent of City shall be personally liable to HBCG, its successors and assigns, of any default or breach by City under this MOU or for any amount which may become due to HBCG, its successors and assigns, under this MOU or for any obligation of City under this MOU SECTION 22 TERMINATION This MOU may be terminated by either party with our without cause upon thirty (30) days notice in writing SECTION 23 MOU IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between parties unless such agreement be expressed in writing, signed and acknowledged by City and HBCG, or their successors in interest SECTION 24 PARTIAL INVALIDITY Should any provision of the MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and affect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired SECTION 25 MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document 9of10 15-4728/121084 SECTION 26 NO TITLE INTEREST No title interest of any kind is hereby given and HBCG shall never assert any claim or title to the community garden or any other public property Use of community garden by HBCG is non-exclusive, and community garden shall at all times during its operating hours remain open for use by the public SECTION 27 ENTIRETY The foregoing sets forth the entire agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written HUNTINGTON BEACH COMMUNITY GARDEN RBCG 1 1111L 11[Lille ITS (circle one) Chairm residen Vice President Print Name ITS (circle on Secre hief Financial Officer/Asst Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California d04) Mayo ATTEST a CW Clerk 7/g APPROVED T O City Attorney DM 'S1 1t116 INITIATED AND APPROVED 1_a'q_�� Dir� or-6f Community Services 10 of 10 15-4728/121084 / ' ® ,a�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER ISU Insurance Svcs - Calgard Associates 303 N San Dimas Avenue San Dimas, CA 91773 License # 0394065 NAMEACT Judy Mack PHONE E2<ti` (909)305-0177 _ ac,No 909 305.0165 E MAIL Jud m cal curd com A DRE INSURERS AFFORDING COVERAGE NAIC # -_- INSURER Nonproft s 1.�. Alliance of CA _ INSURED INSURER B INSURERC__ HUNTINGTON BEACH COMMUNITY GARDEN P 0. Box 5891 INSURER D INSURERS Huntington Beach, CA 92615 INSURER F I rrtvr-oenGc CFRTIFICATF Nl1MRFR 00000000-0 Flt:VI51UN NUM51:11 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR I LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP LIMITS MMIDO/YYYY A X�COMMERCIALGENERAL LIABILITY 2015-28328-NPO 01/01/2015101/01/2016 EACH OCCURRENCE S 1,000000 I I I CLAIMS MADE O OCCUR j PREMISES 1Ea occurrence) I S 500,000 MED EXP (Any one person) S 20,000 PERSONAL & ADV INJURY S I _1,000,000 GENERAL AGGREGATE $ 2 OOO OOO— GEN L AGGREGATE LIMIT APPLIES PER X�jI POLICY � JECOT � LOC I PRODUCTS - COMP/OP AGG I S 2'000,000 S I OTHER AUTOMOBILE LIABILITY i I COMBINED SINGLE LIMIT I S }_t!<a acadenU j�j ANY AUTO ' AS I BODILY INJURY (Per person) $ ' ALL OVMIEO SCHEDULED I APPROVED I TO FORM BODILY INJURY (Per accident) $ AUTOS AUTOS i NON OWNED 1 i I PROPERTY DAMAGE �$ HIRED AUTOS AUTOS i I fPer acGdentl _J ' I ( I! UMBRELLA LIAB OCCUR , % I �.,� EACH OCCURRENCE S EXCESS LIAB 'CLAIMS MADE f AGGREGATE i $ NYr���l0� Mlchae C®�g, I $ DED I RETENTIONS WORKERS COMPENSATION j I PESTATUTE ( I EORH I AND EMPLOYERS LIABILITY Y! N �INIAIJ I I ANY PRODRIETOR/PARTNERIEXECUTIVE i I E L EACH ACCIDENT I$ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) j E L DISEASE - EA EMPLOYE S It yes describe under DESCRIPTION OF OPERATIONS below i f I I E L DISEASE POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more epaoo is required) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENTS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF HUNTINGTON BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE n cm�) I , , (JMA) 'I©1988-2000RD CORPORATION A11•Nghts reserved ACORD 25 (2014/01) The ACORD name and logo are reglstellinarks of A O D Panted by JMA on May 19 2015 at 08 10AM POLICY NUMBER 2015-28328-NPO COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): I Location And Description Of Completed Operations Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization All insured premises and operations I Information required to complete this Schedule, if not shown above will be shown in the Declarations Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard" City of Huntington Beach, its elected or appointed officials, agents, officers employees, and volunteers are listed as additional insured CG 20 37 07 04 0 ISO Properties, Inc , 2004 Page i of 1 0 Resolution No. 2008-63 �ity CITY OF ]H[UN7CINGTON BEACH[ 2000 Main Street, Huntington Beach, CA 92648-2702 Hunn do adh , Declaration of Non -Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company / Organization: Address: 'r 0 bra Applicant [please Title, if any: Applicant's Signature: Date Signed: 1A Telephone Number: `1 t `/ J 9 3-/70 0 A P n 1 yesr e 11 -7 1 q - 3 1 -7 -5 q-11 ATTACHMENT #7 Resolution No. 2008-63 �ty CITY OF ]E��J�T�["INGTON BEACH 2000 Main Street, Huntington Beach, CA 92648-2702 1b n DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehicle(s) is used. Signature of Print Name: Company Name (if applicable): �0n k� 1 n?c-1% l-� uA 6mr Date Signed: �S 16407 EXHIBIT 1 ATTACHMENT #5 From- Dominauez. David To. Ryan Nichols, Roesner. Michelle Cc. Gonzales. Carrie Subject: RE HB Community Garden Date: Monday, May 18, 2015 9 19 06 AM Attachments- imaae001.ona imaae002.Dna Thank you Ryan I appreciate the quick response We will send you a copy of the approved MOU once it has been approved by City Council Thanks again gavid'C. Domin juez David Dominguez I Facilities, Development & Concessions Manager City of Huntington Beach lCommunity Services Department Office 714 374 5309 Parks Make life Better! From: Ryan Nichols [mallto Ryan Nichols@sce com] Sent: Monday, May 18, 2015 9.18 AM To: Roesner, Michelle, Dominguez, David Subject: RE HB Community Garden Dave/Michelle, Thank you for providing the letter I see no issues with the MOU and I have Confirmed that we will' ,be extending your License Agreement when it comes time for renewal , Please let me know if you have any questions Thanks, Ryan Nichols Land Services Agent Land Management - Southern Region Southern California Edison Company 2131 Walnut Grove Ave Rosemead, CA 91770 Office 626-302-8034 PAX 28034 Mobile 626-484-5734 From: Roesner, Michelle [mallto.Michelle.RoesnerPsurfcity-hb org] Sent: Tuesday, May 12, 2015 9 49 AM To: Ryan Nichols, Richard Fujikawa Cc: Dominguez, David Subject: RE HB Community Garden Hello Ryan, Attached you will find a letter on City letterhead with our request Plleejase let me know if you need anything else, Administrative Secretary Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)536-5434 Michelle.roesner(@surfaty-hb org Parks Make Life Better! From: Ryan Nichols [madto.Ryan, Nichols(absce.com] Sent: Tuesday, May 12, 2015 8 36 AM To: Roesner, Michelle, Richard Fujikawa Cc: Dominguez, David Subject: RE. HB Community Garden Hi Michelle, In our previous email string on April 30 it was mentioned that this request could be made on City letterhead I believe this will make it much easier for me to route for approval and get you an answer expeditiously Could you please provide at your earliest convenience? Once I have the request on City letterhead I will review internally and have an answer back to you as soon as possible Thank you, Ryan Nichols Land Services Agent Land Management - Southern Region Southern California Edison Company 2131 Walnut Grove Ave Rosemead, CA 91770 Office 626-302-8034 PAX 28034 Mobile 626-484-5734 From: Roesner, Michelle [mailto.Michelle Roesner(@surfcity-hb.org] Sent: Monday, May 11, 2015 4 19 PM To: Ryan Nichols, Richard Fujikawa Cc: Dominguez, David Subject: HB Community Garden Hello Ryan, My name is Michelle Roesner I am Dave Dominguez's secretary We are working with the Huntington Beach Community Garden which has an agreement with SCE to be on your property Your agreement with the City expires December 1st and we wanted to make sure you this agreement would be extended before we approved a new MOU with the Community Garden I have attached the SCE license agreement with the City, as well as the MOU with the Huntington Beach Community Garden Please advise if we can move ahead with a new MOU for the garden Thank you for your time, Administrative Secretary Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5434 Michelle.roesner(@surfaty-hb.ore Parks Make Life Better! 1;, a. aj __ ._'k' _ _�. ,, s _ t � f �'�: s+'R� F • n�� �^ '' _ t- rfJ } -s. 3. - _ - .L-.. _ Huntington Beach Community Garden BYLAWS ARTICLE I PURPOSE The purpose of the Huntington Beach Community Garden (HBCG) is to educate children and adults about organic gardening and to provide an area where individuals and families can grow fruit, vegetables, flowers, and herbs for their own use and for the use of local food banks ARTICLE II NAME AND LOCATION The name of this corporation shall be the Huntington Beach Community Garden (HBCG) and is a private not -for -profit organization. The mailing address of the HBCG will be Huntington Beach Community Garden (HBCG) P 0 Box 5891 Huntington Beach, CA 92615-5891 ARTICLE III CONSITITUENCY OF THE HBCG The constituency of the HBCG shall be known as Members Membership shall be open to all persons who subscribe to the principles stated in Article I Voting on HBCG business will be limited to one vote per plot. Plot dues will be assessed annually or as otherwise determined by the Board of Directors in the HBCG Rules and Regulations Members' dues shall become due and payable on becoming a member and shall be renewable by January 1 for each succeeding year. There is no grace period. Dues for a member who applies for initial membership after June 30 will be pro -rated at the discretion of the board. If a member dies, his or her spouse or significant other, or plot partner may take over the plot as a member in his or her own right A member in good standing who voluntarily gives up his/her membership and leaves the plot in compliance with the Rules and Regulation may reapply for membership at any time A member who loses his/her membership for excessive correction notices, may be added to the waiting list after a one-year period, however, if membership is lost a second time due to excessive correction notices the loss of membership, is permanent. If a member loses his/her membership for drinking alcohol anywhere at the site, stealing in any manner, verbal or physical abuse, the loss of membership under these circumstances is permanent. ARTICLE IV OFFICERS The officers of the HBCG shall be the President, Vice President, Secretary and Treasurer. A Board of Directors shall consist of the officers and up to six Directors, who are members in good standing of the HBCG as defined in the 1 of 4 Amended 07/05/2010 HB -401- Item 9. - 20 HBCG Rules and Regulations. A quorum of the Board of Directors shall be five voting board members. Any officer or board member may be removed for cause, misconduct, and/or failure to fulfill the duties and obligations of their position and/or the inability or incapacity to serve. Such removal shall be carried out at a meeting of the Board of Directors and through a motion by any officer or board member. Such proposed removal shall be voted upon and the officer and/or director will be so removed by a majority vote of those in attendance at the meeting Immediately, a written notice of removal shall be sent by certified U.S Mail to the removed member All officers and board members have the option to not pay dues for the year in which they serve If they choose to pay dues for that year, it is considered a donation to the HBCG The President shall be the chief executive of the HBCG. The President will preside at all meetings of the Board of Directors, is charged with the general supervision of all its functions and shall be an ex-officio member of all committees except the Nomination Committee. If there is a vacancy in any office, the President shall have the duty of appointing a member from the general membership to fill the vacancy At the end of the term, the President automatically serves on the Board of Directors for a period of one year. The Vice President shall perform the duties of the President in the absence of the President or by reason of the President's inability to act. The Vice President shall automatically assume the office of the President if that office becomes vacant during the term of its serving Additionally, the Vice President shall supervise the roster of members and the assignment of plots The Secretary shall keep the minutes of all Board of Directors and general membership meetings In addition, the Secretary shall be responsible for the maintenance of the official files of the HBCG, with the exception of the financial records The Treasurer shall have the care and custody of all funds and shall deposit the same in the name of the HBCG in such bank as meets the approval of the Board of Directors All checks exceeding $100 drawn against the account shall be signed by the President and Treasurer of the HBCG or in the absence of one of these officers, the Secretary shall `be the second signatory The Treasurer shall render an accurate report of all receipts and expenditures at meetings of the Board of Directors. The Directors shall assist the Officers of the HBCG in the conduct of the HBCG business. The President may delegate a member to serve as chairperson of any 2of4 Amended 07/05/2010 Item 9. - 21 HB -402- special committee as may be deemed necessary in the interest of the HBCG affairs Additionally, board members shall form a Nominating Committee and recruit two additional members at large to be part of the Nominating Committee. ARTICLE V HBCG RULES AND REGULATIONS The Board of Directors will establish the HBCG Rules and Regulations by which the HBCG shall operate Such rules will define policies and procedures for matters such as the assignment of plots, assessment of fees, conditions of renewal, conflict resolution, and other issues necessary for managing the garden in accordance with its purpose and in a sustainable manner Amendments to the HBCG Rules and Regulations will be posted at the'community garden site at least 14 days prior to becoming effective. ARTICLE VI MEETINGS A majority of voting members of the Board of Directors shall be necessary to conduct the business of the HBCG All meetings shall be called by the President The Annual General Meeting will be held prior to the end of the fiscal year The Board of Directors will meet at least once per quarter. ARTICLE VII ELECTION Officers and Directors shall be elected to serve terms of one year from July 1 to June 30th or until their successors take office The Nominating Committee will present a slate of candidates for elective office at the Annual General Meeting. Officers and Directors shall be elected by secret ballot In any nomination from the floor, the nominee must be present to accept or decline. Officers and Directors may serve multiple or consecutive terms. ARTICLE VIII NOT FOR PROFIT HBCG is a non-profit organization In the event of dissolution, assets will be left to a non-profit organization located within Orange County, California that is designated by the Board of Directors In the absence of a functioning Board of Directors, assets will be left to an organization that is aligned with the principles stated in Article 1 or shall be distributed to the federal government, or to a state or local government, for a public purpose Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. HBCG is organized exclusively for charitable and educational purposes, including, for such purposes, the making of distributions to organizations that qualify under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code No part of the net earnings of the HBCG shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except 3of4 Amended 07/05/2010 xB 403- Item 9. - 22 that the HBCG shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof No substantial part of the activities of the HBCG shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the HBCG shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the HBCG shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code ARTICLE IX AMENDMENTS AND PROCEDURES Proposed amendments to the bylaws shall be posted at the community garden site at least 14 days prior to voting thereon Such proposed amendments may then be adopted by a majority vote of the HBCG members present at the Annual General Meeting or at any general meeting called by the President. 4of4 Amended 07/05/2010 Item 9. - 23 HB -404- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July 8, 2015 Beach Community Garden (HBCG) ATTN President P O Box 5891 Huntington Beach, CA 92615 To Whom It May Concern Enclosed is a duly executed copy of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Community Garden Sincerely, Enclosure JF pe Sister Cities Anjo, Japan ♦ Waitakere, New Zealand