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HomeMy WebLinkAboutHuntington Beach Art Center Foundation - 2010-02-01ncR CITY OF HUNTINGTON BEACH COMMUNITYCAD •, • '• Interdepartmental• TO: Honorable Mayor and City Council Members FROM: Fred A. Wilson, City Manager VIA: Paul Emery, Deputy j,ityM er/ Interim Director of Community Services �r DATE: November 10, 2011 SUBJECT: SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH ART CENTER FOUNDATION Attached, please find a copy of the executed SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN The City of Huntington Beach and the Huntington Beach Art Center Foundation. This side letter was prepared to memorialize the commitment of the Huntington Beach Art Center Foundation to raise $30,000 to be donated to the City of Huntington Beach. With this commitment, the City of Huntington Beach agrees to maintain the Arts Program Curator position in the Table of Organization for Fiscal Year 2011-2012. Staff will be tracking the contributions received of the Huntington Beach Art Center Foundation and reporting to City Council on the adherence to the agreement. PE/JL/mkl Attachment SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN The City of Huntington Beach and The Huntington Beach Art Center Foundation Representatives of the Huntington Beach Art Center Foundation (HBACF) and the City of Huntington Beach (City) hereby agree to the following terms related to the HBACF Memorandum of Understanding (MOU) with respect to the following: Obligations of the City: 1. The City of Huntington Beach agrees to maintain the Arts Program Curator position in the city's Table of Organization for FY 2011-2012, with the commitment and realization of financial support from the HBACF. 2. Failure to raise the necessary funds may result in the amendment to the Table of Organization at the discretion of the City Council. Obligations of the Huntington Beach Art Center Foundation: 1. The HBACF agrees to raise $30,000 to be donated to the City, with funds directed specifically towards the anticipated shortfall in the proposed Huntington Beach Art Center budget for Fiscal Year 2011-2012. 2. The HBACF agrees to present donations to the City in three (3) $10,000 installments, the target dates shall be as follows; January 31, 2012, June 30, 2012 with the final installment no later than September 15, 2012. 3. The HBACF has demonstrated a past commitment to fundraising for the Huntington Beach Art Center programs and operations. This commitment of $30,000 is in addition to the annual Huntington Beach Art Center Foundation fundraising for the Art Center for Fiscal Year 2011-2012 Donation of all funds will be no later than September 15, 2012. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by the through their authorized officers on November 10, , 2011 . HUNTINGTON BEACH ART CENTER FOUNDATION, an unincorporated association: By: Print Name ITS: (circle on "Chairman/ resident/Vice President AND ff� By: Print Name ITS: (circle one) Secretary/Chief Financial Officer Asst. Secretary — Treasurer. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California: REVIEMDAND APPROVED: Manager Council/Agency Meeting Held: A ZTA010 Deferred/Continued to: )gA proved Conditio al y A ov d ❑ Denied City yerkVignature T Council Meeting Date: 2/1/2010 Department ID Number: CS 10-003 CITY OF HUNTINCTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU MEMBERS �� SUBMITTED BY: FRED A. WILSON, CITY ADMINIST ""' PREPARED BY: JIM B. ENGLE, COMMUNITY SERVICES DIREC SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDIN ETWEEN THE HUNTINGTON BEACH ART CENTER FOUNDATION AND THE CITY OF HUNTINGTON BEACH Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: There is a need to create a Memorandum of Understanding with the Huntington Beach Art Center Foundation to formalize their relationship with the City of Huntington Beach regarding the Art Center. Funding Source: Not Applicable Recommended Action: Motion to: Approve the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Art Center Foundation, and authorize the Mayor and City Clerk to sign the Memorandum of Understanding. Alternative Action(s): Do not approve the Memorandum of Understanding with the Huntington Beach Art Center Foundation and direct staff accordingly. Analysis: The Huntington Beach Art Center Foundation (Foundation) was instrumental in creating the vision for the Huntington Beach Art Center and has donated more than $2 million to the City for the Art Center. Although the city currently operates the Art Center, the Foundation has dedicated over 20 years to create opportunities for local, regional, and national artists and to involve the community in sharing this climate of experimentation, education, and experience. The Foundation has represented the Art Center as ambassadors and advocates and now wishes to enter into an agreement to formalize its public/private partnership with the City and community. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER: CS 10-003 Key points in the MOU include: CITY obligations: - Maintain, repair and insure the Art Center and related infrastructure, furniture, fixtures and equipment, including signage. - Operate Art Center to present works of arts in all media. - Provide opportunities for arts education. - Advance public awareness of art. - Provide professional management of the Art Center. - Assist in hiring and supervision of Art Center employees. - Coordinate and oversee Art Center volunteers. - Provide community outreach enhancing the visibility and recognition of the Art Center within the Huntington Beach community. - Provide meeting rooms at Community Services Department facilities at no charge for Foundation purposes, based on availability and Director approval. - Write and administer program grants through Foundation. - Provide non -voting staff liaison to the Foundation. - Provide an area to maintain Foundation corporate records and correspondence. - Provide administrative and staff assistance for Foundation fundraising. FOUNDATION obligations: - Provide its services as an organization accepting public and private donations intended for city use in the furthering of art activities within existing or future city programs, wherein the donor wishes to use the benefits of a charitable organization in lieu of a direct gift to the City. - Fundraising for program development. - Fundraising for endowment campaign. - Fundraising, as needed, for operations, equipment, etc., for Art Center purposes, programs and functions. - Fundraising for future capital campaigns. - Acceptance of donations intended for the Art Center programs and operations. - Acceptance of grants intended for the Art Center programs and operations. - Sales of items at Art Center or off site functions to support the Art Center. - Distribution of printed marketing material promoting the Foundation and Art Center events. - Community outreach cultivating advocacy for the arts and visibility for the Art Center within the Huntington Beach community. - Cultivation of partners and collaborations on behalf of the Art Center. - Volunteer support for programs and operations. - Management and oversight of Foundation funds and business activities. - Any furniture, fixture, equipment or supplies provided by the Foundation shall be used for Art Center purposes, programs and functions. The MOU has a five-year term with the option of an additional five years by mutual consent. City staff recommends City Council approval of the MOU with the Huntington Beach Art Center Foundation. Strategic Plan Goal: Improve Internal and External Communication Environmental Status: n/a -2- 1 /12/2010 8:50 AM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 2/l/2010 DEPARTMENT I® NUMBER: CS 10-003 Attachment(s): -3- 1/12/2010 8:50 AM - _ -- - -- � � _ _.. . �. , '� -- r � � �� -- z I ._ �. � _�. _. ;; I � _ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH ART CENTER FOUNDATION THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered Ao/o into on ,/C &g=nl , V Q/ , 2409, by and between the CITY OF HUNTINGTON OF BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and THE HUNTINGTON BEACH ART CENTER FOUNDATION, an unincorporated association (hereinafter referred to as "FOUNDATION"). WHEREAS, FOUNDATION was instrumental in creating the vision for the Huntington Beach Art Center (hereafter referred to as "Art Center") in the City of Huntington Beach; and CITY originally purchased the land and building for the Art Center; and FOUNDATION has donated more than $2 million to the CITY for the Art Center; and CITY and FOUNDATION have partnered together to remodel and renovate the building to create the Huntington Beach Art Center; and CITY currently operates the Huntington Beach Art Center, which creates opportunities for local, regional and national artists and the community to share in a climate of experimentation, education and experience; and FOUNDATION has dedicated over 20 years to fundraising to help support the operation and exhibitions of the Art Center; and FOUNDATION has represented the Art Center as ambassadors and advocates; and CITY and FOUNDATION wish to provide its citizens with a quality Art Center; and CITY and FOUNDATION wish to enter into an agreement to formalize its public/private partnership with the city and community; and FOUNDATION also wished to memorialize its mission of ongoing support to the Art Center; and 09-2099/34290 CITY and FOUNDATION desire to clarify their respective obligations and contributions of the CITY and FOUNDATION do hereby enter into the following Memorandum of Understanding. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained 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 CITY COUNCIL 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 additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of CITY pursuant to this Agreement shall be as follows: Maintain, repair and insure the Art Center and related infrastructure, furniture, fixtures and equipment, including signage. The Art Center shall consist of the main building and adjacent parking facility. 2. Operate Art Center to present works of arts in all media. Provide opportunities for arts education. 4. Advance public awareness of art. 5. Provide professional management of the Art Center. 6. Assist in hiring and supervision of Art Center employees. 7. Coordinate and oversee Art Center volunteers. 8. Provide community outreach enhancing the visibility and recognition of the Art Center within the Huntington Beach community. 09-2099/34290 2 9. Provide meeting rooms at Community Services Department facilities at no charge and limited to FOUNDATION purposes only, and subject to the City's calendar of activities and Director approval. 10. Write and administer program grants through the FOUNDATION 501© 3 status. 11. Provide non -voting staff liaison to the FOUNDATION. 12. Provide an area to maintain FOUNDATION corporate records and correspondence. 13. Provide administrative and staff assistance for FOUNDATION fundraising programs. SECTION 3. OBLIGATIONS OF ART CENTER FOUNDATION The obligations of the FOUNDATION pursuant to this Agreement shall be as follows: 1. Foundation, as a 5010 3 Charitable Organization, shall provide its services as an organization accepting public and private donations intended for City use in the furthering of art activities within existing or future City programs, wherein the donor wishes to use the benefits of a Charitable Organization in lieu of a direct gift to City. 2. Fundraising for program development. 3. Fundraising for endowment campaign. 4. Fundraising, as needed, for operations, equipment, etc., exclusively for Art Center purposes, programs and functions. 5. Fundraising for future capital campaigns. 6. Acceptance of donations intended for the Art Center programs and operations through the FOUNDATION 501 © 3. 7. Acceptance of grants intended for the Art Center programs and operations through the FOUNDATION 501 © 3 to be used by the Art Center. 8. Sales of items at Art Center or off site functions to support the Art Center. 09-2099/34290 3 9. Distribution of printed marketing material promoting FOUNDATION and Art Center events at various city facilities. 10. Community Outreach cultivating advocacy for the arts and visibility for the Art Center within the Huntington Beach Community. 11. Cultivation of partners and collaborations on behalf of the Art Center. 12. Volunteer support for programs and operations. 13. Management and oversight of FOUNDATION funds and business activities. 14. Any furniture, fixtures, equipment or supplies provided by the FOUNDATION shall be used exclusively for Art Center purposes, programs and functions. SECTION 4. ACCESS TO CITY MARKS AND LOGOS FOUNDATION 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 before using any of these logos or trademark, which approval shall be at the sole discretion of the Director. Note: The surfboard logo is not the property of CITY. FOUNDATION will use neither logo for commercial purposes. SECTION 5. HOLD HARMLESS FOUNDATION 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. 09-2099/34290 4 SECTION 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, FOUNDATION acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; FOUNDATION covenants that it will comply with such provisions prior to commencing performance of the work hereunder. FOUNDATION shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. FOUNDATION shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. FOUNDATION shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and FOUNDATION shall similarly require all subcontractors to waive subrogation. SECTION 7. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and FOUNDATION's covenant to indemnify CITY, FOUNDATION shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify FOUNDATION, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any 09-2099/34290 other insurance coverage which may be applicable shall be deemed excess coverage and that FOUNDATION's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible," or any other similar form of limitation on the required coverage. SECTION 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, FOUNDATION shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) state that the policy is currently in force; and (c) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. FOUNDATION shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from FOUNDATION's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. FOUNDATION shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 9. 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 party. A consent by a party to one 09-2099/34290 6 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 party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 10. 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 11. CONFLICT OF INTEREST FOUNDATION shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 12. 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 FOUNDATION activities. However, consistent with good safety practices, CITY will endeavor to give 24-hour advance notification of such activities to FOUNDATION. In addition, if CITY receives compensation from such persons for such production, FOUNDATION will grant 50% of such compensation to FOUNDATION for support of FOUNDATION's activities as set forth under this MOU. SECTION 13. NONDISCLOSURES/PRESS RELEASES FOUNDATION shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising herefrom. 09-2099/34290 7 SECTION 14. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 15. WAIVER OF BREACH The waiver by CITY of any breach by FOUNDATION of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by FOUNDATION, either of the same or another provision of this MOU. SECTION 16. FORCE MAJEURE - UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or FOUNDATION 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. SECTION 17. 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) 536-5291 FOUNDATION Huntington Beach Art Center Foundation Attn: President 53P Main Street Huntington Beach, CA 92648 Phone (714) 374 - 1650 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. 09-2099/34290 SECTION 18. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. SECTION 19. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 20. 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 21. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 22. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by FOUNDATION under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 23. 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 FOUNDATION, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which 09-2099/34290 9 may become due to FOUNDATION, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 24. TERMINATION This MOU may be terminated by either party with or without cause upon one hundred twenty (120) days notice in writing. SECTION 25. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and FOUNDATION, or their successors in interest. SECTION 26. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 27. 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. SECTION 28. NO TITLE INTEREST No title interest of any kind is hereby given and FOUNDATION shall never assert any claim or title to the Art Center or any other public property. Use of the Art Center by FOUNDATION is non- exclusive, and the Art Center shall at all times during its operating hours remain open for use by the public. 09-2099/34290 10 SECTION 29. 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 ART CENTER CITY OF HUNTINGTON BEACH, FOUNDATION, an unincorporated association: a municipal corporation of the State of California: By: l print name ITS: (circle one) Chairman/PresidentNice President AND p� By: YA64,44 ! � �,_/ t print name ITS: (circle one) cret /Chief Financial Officer/Asst. Secretary — Treasurer REVIE City APPROVED: 09-2099/34290 11 W ,a •E .�, APPROVED AS TO FORM: r / City Attorney o (OW0 INITIATED AND APPROVED: r�_)L � - f4��_ 'rector of CommuniVr Services From: Natalia Marquez At: Chapman & Associates FaxID: Chapman Associates To: City of Huntington Beach Date: 1/15/2010 12:38 PM Page: 1 of 3 s®®® CERTIFICATE OF LIABILITY INSURANCE OP ID PC DATE(MM/DD/YYYY) HUNTI-5 01/15/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Chapman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91117-0455 Phone: 626-405-8031 Fax:626-405-0585 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER ANonprofits' Insurance Alliance INSURER B. Huntington Beach Art Center Foundation INSURER C 538 Main Street Huntington Beach CA 92648 INSURER D. INSURER E COVERAGES 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 W ITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNYYY) POLICY EXPIRATION DATE (MM/DWYYYYj LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X X COMMERCIAL GENERAL LIABILITY 20102704ONPO 01/14/10 01/14/11 -PREM seS (Ea occurPnre) 500,000 CLAIMS MADE XI OCCUR MED EXP (Any one person) $ 20 , 000 PERSONALR ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PEP._ PRODUCTS - COMP/OPAGO $ 3,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY Peracoident ( j $ HIRED AUTOS NON-OVVN ED AUTOS � AS '' � _ PROPERTY DAMAGE (Per accident) ,I�A T /-r 4 GARAGE LIABILITY ( 19AV AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY AGO EXCESS / UMBRELLA LIABILITY EACH OCCUPRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N V'/C STATU- OTH- TORY LIMITS ER El EACH ACCIDENT ANY PROPRIETOR/PARTNER/E;:ECU7 IVE� OFFICER/MEMBER EXCLUDED? E L DISEAaE - EA EMPLOYE (Mandatory in NH) I1 yes, describe under SPECIAL PROVISIONSbelow ELDISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Huntington Beach, its officers, or appointed officials, employees, agents and volunteers are named additional insured with respect to the operations of the named insured per the attached CG 2026 endorsement. 10 days notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOFH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Huntington Beach Community Services Department REPRESENTATIVES. AUTHQRIZED R PRESENTATIVE 2000 Main Street Huntington Beach CA 92648 AGURD Zb [ZUUy/U9) — U'19SS-ZUUU AGUKU GUKF'UKAI IUIV. Ali rignts reserves. The ACORD name and logo are registered marks of ACORD From: Natalia Marquez At: Chapman & Associates FaxlD: Chapman Associates To: City of Huntington Beach Date: 1/15/2010 12:38 PM Page: 2 of 3 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. From: Natalia Marquez At: Chapman & Associates FaxiD: Chapman Associates To: City of Huntington Beach Date: 1/15/2010 12:38 PM Page: 3 of 3 POLICY NUMBER: 20102704ONPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) 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, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. 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. The City of Huntington Beach, its officers, or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'Personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 kcsolutian No- 200"3 CITY OF H-tWTI GTON BEACH 2004 Main Street - --- Huntington Beach, CA 9264 DECLARATION OF PERMITTEE I certify that no vehicle(-) will be iised or operated in the performance of the task(s) or event(s) for which this Permit is granted. I authorizethe City of Huntington Reach to immediately and retroactively rcvokc the license or pem- it issued in connection with or in the perforrh-ance of said task(s) or event(s) if any vehicle(s) is used. Signature of Pemittee Print name �`�l l ckk a e( C- Az� a S CoIIIpany nanic (if applicable) .Date- 1 i d 10 16407 EXHIBIT I TO 39"M SVS TTZZbLEbTL b©:8T ©TBZ/9T/TB i Su f . ity I CITY OF ]E- UNTICNG` ON BEACH 2QO0 Main Street, Huntington Beach, CA 9�648 ffinlull n'' Sr.ach Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277, you ar required to providd proof of Workers' Compensation Insurance. If you have na employees, this form must be signed and returned to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which Lhi , permit is issued, 1 shall not employ any person in any manner so as to becomelsubject to California Workers' Compensation Insurance requirements. I l authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I f hire any employee(s) or become subject Lo the provision of The laws requiring; Workers' Compensation Insurance. Applicant/Company Name: Address: �� e MA6_in Applicant's Signature: Title: C,,,,har'r Location Signed: '�Aq0 act` �' `l, CA Date Signed: I I 1 §,7-/ 0 _ Telephone Number: _7�+.) � �D� 4 C� «��v' Roi n d , Z© 39vd SVS TTZZVLCVIL 813:bT ©T©Zj6T;'T0 : ON INITIATNG DEPARTMENT: Community Services SUBJECT: Approve MOU Between HB Art Center Foundation and city COUNCIL MEETING DATE: February 1, 2010 H M ENTS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable z Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable z Contract/Agreement (w/exhibits if applicable) Attached E (Signed in full by the City Attorney) Not Applicable El Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorney) Not Applicable z Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable z Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable Bonds (If applicable) Attached El Not Applicable z Staff Report (If applicable) Attached El Not Applicable z Commission, Board or Committee Report (if applicable) Attached El Not Ap licable z Findings/Conditions for Approval and/or Denial Attached El Not Applicable z -'SXPLAHAT�OH FOR MUSSNG EVI RETUfREWEP ,NF -4 I'FOR A 0ED' )J Administrative Staff Deputy City Administrator (initial) City Administrator (Initial) City Clerk PY RCA Author: Engle City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 2, 2010 Huntington Beach Art Center Foundation Attn: President 538 Main Street Huntington Beach, CA 92648 To Whom It May Concern: Enclosed for your records is a copy of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Art Center Foundation. Sincerely, JF:pe Enclosure G: fo11owup: agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 )