HomeMy WebLinkAboutORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY - 2003-03-03 I
Council/Agency Meeting Held: 0
Deferred/Continued to:
App ov d ❑ onditlonally Ap roved ❑ Denied City rk's Ignature
Z 6 '&&271 j I / I
Council Meeting Date- 3/3/2008 Department Number: LS-08-02
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SERVIC
SUBJECT: APPROVE AMENDMENT TO THE ORANGE COUNTY, CALIFORNIA
GENEALOGICAL SOCIETY LEASE AGREEMENT
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The lease agreement with the Genealogical Society for use of meeting
space at the Central Library expired, and an amendment to the lease agreement requires
approval by the City Council.
Funding Source: Not applicable.
Recommended Action: Motion to: Approve the Amendment No. 1 to the Orange County,
California Genealogical Society Lease Agreement for regular use of the meeting spaces at the
Huntington Beach Central Library and authorize the City Administrator to execute all
documents related to this transaction.
Alternative Action(s): Do not authorize the City Administrator to execute the proposed
Amendment to the Lease Agreement with the Orange County, California Genealogical Society
and the City of Huntington Beach, and revert to month to month scheduling.
Analysis: The Orange County, California Genealogical Society (Society) is a non-profit,
educational organization formed in 1963 for the collection, preservation, and dissemination of
information relating to genealogy, biographical, and heraldic data. In 1975, in collaboration
with the City of Huntington Beach, the Society found a new home at the Huntington Beach
Central Library for the storage of various books, periodicals, pamphlets, and other research
items (the Collection). Concomitantly, the Society donated the Collection to the City.
As outlined in the original Agreement (Attachment #1), the Society oversees and maintains
the entire Collection by acquiring new materials, cataloging, repairing materials, and staffing
the Collection with volunteers to assist patrons. The Collection is located on the southwest
lower level of the Central Library allowing accessibility to library patrons and the general
public.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/3/2008 DEPARTMENT ID NUMBER: LS-08-02
The Society is requesting the same terms and conditions of the expired lease except for
modifications listed in the Amendment (Attachment #2). The modifications include a five-
year lease extension to begin January 2008 and a monthly room rental rate of$697, which is
the Council approved rate charged to similar local, non-profit organizations.
Strategic Plan Goal: E-1: Increase community involvement, dialogue, and outreach by
educating residents about opportunities for involvement such as how to donate to projects,
volunteer, access information, and offer opinions through the website and other means.
Environmental Status: Not applicable.
Attachment(s):
•el NUffiberNo. ® - o •
1. AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON
BEACH AND THE ORANGE COUNTY, CALIFORNIA
GENEALOGICAL SOCIETY FOR THE USE OF CITY OWNED
GENEALOGICAL MATERIALS
2. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE ORANGE COUNTY,
CALIFORNIA GENEALOGICAL SOCIETY FOR THE USE OF CITY
OWNED GENEALOGICAL MATERIALS
-2- 2/13/2008 11:50 AM
ATTACHMENT
# 1
AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY
FOR THE USE OF CITY OWNED GENEALOGICAL MATERIALS
THIS AGREEMENT is made this 3 f",( day of �� , 2003 ,by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereafter called"City" and the ORANGE COUNTY, CALIFORNIA GENEALOGICAL
SOCIETY, a California corporation, hereinafter called "Society."
WHEREAS, City is the owner of a special, non-circulating collection of genealogical
books, pamphlets, files, guides, and related articles and items, hereinafter referred to as the
"Collection;" and
City gratefully acknowledges the previous donation of the Collection from Society, and
recognizes that the Collection has an approximate value, at commencement of this Agreement, of
S825,000; and
City acknowledges its long-standing relationship with Society and is willing to provide
preferential terms to Society in accordance with the City Council's policy on preferential rentals
for non-profit organizations; and
Society wishes to enter into a cooperative relationship with City concerning the use,
maintenance and development of the Collection,
NOW,THEREFORE,the parties hereto do hereby agree as follows:
1. TERM OF AGREEMENT
This Agreement shall be effective as of January 1, 2003, and shall expire on December
31, 2007. This Agreement may be extended for one additional five-year period if mutually
agreed in writing by both parties. If Society desires to extend this Agreement, it must so notify
City in writing no later than September 30, 2007. No such extension will be effective unless the
City provides written approval thereof. The City Administrator of City is hereby authorized to
review, and grant or deny, any such request for extension on behalf of City.
2. PROVISION OF MONTHLY MEETING PLACE; RENT
City agrees to furnish and provide Society, once each month, a place of meeting for
Society's members. Such meeting place is hereby designated as follows:
A. Meeting rooms within Central Library, 7111 Talbert Street, commonly known as
B room, C & D room (combined) and the Maddy Room.
B. Society will have exclusive use of the C & D room on the first Saturday of every
month, from the hours of 8:00 a.m. to 3:00 p.m. Society will have exclusive use
03agree/genealogi cal/1128/03 1
of the B and Maddy rooms from 9:00 a.m. to 10:00 a.m. on the first Saturday of
every month. In no event shall Society hold over on the use of the rooms beyond
the stated hours. If the Society does not use the rooms for any given month, it is
still responsible for making the monthly payment then due.
C. City reserves the right to require that Society vacate the C & D rooms by 2:00
p.m.,upon three months advance written notice.
D. In recognition of Society's status as a non-profit organization, the total rent will
be as follows:
Year 1 $500/month
Year 2 $600/month
Year 3 $625/month
Year 4 $650/month
Year 5 $697/month
E. Rent is due and payable in advance on the first day of each month. For example,
the rent due on January 1, 2003 is for the month of January 2003.
F. In further recognition of Society's non-profit status, the following equipment (of)
rental charges are included in the monthly rent: one overhead projector, oiw 3 AO-
screen, one podium with a microphone and one easel.
G. In the event the Library is closed on the first Saturday of a month during the term
hereof, due to an official City holiday, Society may move its meeting to the
second Saturday of that month.
3. DESIGNATION OF REPRESENTATIVES
Society hereby designates its President and one member from its library committee to be
its authorized representatives,who shall represent it and be its sole contact and agent in all
consultations with City during the performance of this Agreement. City shall assign a staff
coordinator to work directly with Society in the performance of this Agreement.
4. FORMAL VOLUNTEER STATUS
City agrees to recognize the members of Society as a formal addition to City's volunteer
Library staff, and such persons shall be accorded all rights, privileges and duties pertaining
thereto.
5. ADDITONS TO COLLECTION
The parties hereto agree that Society may, during the term of this Agreement, acquire
genealogical materials and may periodically donate the same to City for possession by City and
use of the general public. Upon acceptance of such material, City shall, through its Director of
03agree/genealogical/1/?8/03 2
Library Services (hereinafter referred to as "the Director") or his authorized representative,
receive such materials for addition to the Collection. City agrees to affix a'donation label
providing recognition of Society in each item donated hereunder.
City agrees to provide a reasonable amount of basement shelving and storage space, as
available, for the exclusive storage of Society's materials such as Sales Table items, Book Fair
donations, publications and records. Materials may be stored pursuant to this section for a
maximum of one year, beginning on the effective date of this Agreement. At the end of the
every one-year period thereafter, such materials shall be donated to City's collection, or removed
from the Library by Society at its own expense.
6. SAFEKEEPING AND MAINTENANCE
City shall exercise ordinary and reasonable care for the safekeeping and maintenance of
the Collection so that it shall not be damaged, lost or stolen. City shall provide the Collection as
non-circulating, reference material for use by Society and the general public so long as the
Collection is in the possession of City. City covenants and agrees that it will provide reasonable
shelving, office equipment, desks, tables and/or chairs to facilitate the use of the Collection by
Society and by the general public. City will provide additional such facilities to the extent they
become available. City also agrees that it will, to the extent budgeted funds are available for
such purposes, provide binding and other repair services to the Collection in order to assure that
it will remain in good condition for the use of the general public.
7. SERVICES PROVIDED BY SOCIETY
A. Discard Recommendations: Society agrees to periodically recommend to City at
least once during the term of this Agreement, the removal of materials from the
Collection. City shall act upon such recommendations as deemed appropriate by
the Director or his authorized representative. City agrees to earmark funds
received from the sale of such discarded materials to support and maintain the
Collection.
B. Binding and Mending: Society shall continue to mend and bind books, pamphlets
and periodicals for the Collection as Society's budget permits. Society agrees to
purchase expendable supplies needed for maintenance and repair of the
Collection, including but not limited to, catalog cards, labels, book plates, glue,
periodical boxes, pamphlet file folders, laminating materials and other materials
as needed as Society's budget permits. City agrees to provide, at the discretion of
the Library Director, a workroom and storage area for temporary storage of
books, and the binding and mending of materials.
C. Cataloging: Society shall continue to catalog and process the Collection. City
agrees to enter the Collection into the Library's computer catalog system as soon
as deemed practicable by the Director.
03 agree/genealogical/128/03 3
8. LOCATION OF COLLECTION
The Collection shall be located and maintained at the Central Branch of the City's
Library, presently located at 7111 Talbert Avenue, Huntington Beach, California. The
Collection shall be kept in a single general area within said location.
City retains the sole right to determine the location of the Collection, provided that in the
event the City wishes to relocate the Collection from its current location, it will provide Society
with 3 months advance written notice of such decision. In addition, the City agrees that any
relocation of the Collection during the initial term of this Agreement will be in its entirety, and
that the Collection will not be separated should relocation occur. The City also agrees that if a
relocation of the Collection is necessary, it will relocate the Collection to a substantially similar
space within the Central Library.
City will make the Collection accessible to members of the general public and members
of the Society without appointment or advance registration during regular business hours of the
Library.
City agrees that it will not store any portion of the Collection during the initial term.
9. CITY'S PURCHASE OF ADDITIONAL MATERIAL
City may during the term of this Agreement, but is not obligated to do so, purchase
genealogical materials from its budgeted funds to supplement the Collection. If so, title to such
materials purchased by City shall at alh times remain the property of the City.
10. PHOTOCOPYING
City agrees to provide photocopying equipment and supplies for designated Society
representatives to prepare materials to be placed in the Collection without charge. All other
general members of Society will be required to pay the current charges for utilizing the
photocopying equipment.
11. NOTICES
Any notice to be given hereunder shall be sent by registered mail, and shall be deemed to
be given when so mailed to the party to be notified at the address herein below stated:
To City: To Society:
City of Huntington Beach Orange County California Genealogy Society
Library Services Director P. O. Box 1587
7111 Talbert Street Orange, CA 92683
Huntington Beach, CA 92648
with a copy to :
03agree/geneal ogical/1/28/03 4
City of Huntington Beach
Real Estate Services Manager
2000 Main Street
Huntington Beach, CA 92648
City or Society may change the name of the party to be notified by written notice to the other
Ply•
12. INSURANCE
City is a self-insured public entity. Society may, but is not obligated to do so, insure the
Collection against theft or damage. Any such insurance shall name City as beneficiary. City
agrees to earmark any funds received from claims against such insurance coverage to support
and maintain the Collection. Society agrees to continue to specify the replacement value of the
materials in the Collection for insurance purposes.
13. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time for any reason, upon six (6)
months prior written notice.
14. BUSINESS PLAN
Society is required to submit an annual business plan on the anniversary of the effective
date of this Agreement as well as copies.of State and/or Federal Income Tax returns, attendance
records of its monthly meetings and proof of current not-for-profit status. City hereby
acknowledges receipt of this information for the year 2003.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties hereto, and no
representations or promises have been made that are not fully set forth herein. The parties hereto
understand and agree that no modification of this Agreement will be binding unless such
modification is in writing and duly accepted and executed by both parties.
SIGNATURES ON NEXT PAGE
03agree/oenealoeical/1/28/03 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
ORANGE COUNTY CALIFORNIA CITY OF HUNTINGTON BEACH, a
GENEALOGICAL SOCIETY, a California municipal corporation of the State of
corporation Californi
r '
�t By: /�
G. (�
Mayor
print name
ITS: (circle one)Chairrnanresiden ice President ATTEST:
AND
City Clerk
By:�
APPROVED AS TO FORM:
print name
ITS: (circle one)Secret /Chief Financial Officer/Asst.
Secretary-Treasurer / 0dd5 ``A�
�C ity Attorney
INITIATED AND APPROVED:
REVIE D AND A ROVE :
. .� C�/r��,m�-�,
Direct of Library Services
City Administrator ]
03agree/genealoDcal/l/28/03 6
ATTACHMENT #2
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY FOR THE
USE OF CITY OWNED GENEALOGICAL MATERIALS
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"
and the ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY, a California
corporation, hereinafter called "Society."
WHEREAS, City and Consultant are parties to that certain agreement, dated March 3,
2003, entitled"AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY FOR THE USE
OF CITY OWNED GENEALOGICAL MATERIALS," which agreement shall hereinafter be
referred to as the "Original Agreement," and
City and Society wish to extend the Term of the Original Agreement for an additional
five-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The Original Agreement is hereby extended for an additional period of five (5)
years. Accordingly, the Original Agreement shall now expire on December 31, 2012.
2. AMENDMENT OF SECTION 2 OF THE ORIGINAL AGREEMENT
ENTITLED "PROVISION OF MONTHLY MEETING PLACE; RENT"
Section 2 of the Original Agreement, entitled "Provision of Monthly Meeting
Place; Rent"is hereby amended to read as follows:
1
08-1434/17731
2. PROVISION OF MONTHLY MEETING PLACE; RENT
City agrees to furnish and provide Society, once each month, a place of
meeting for Society's members. Such meeting place is hereby designated as
follows:
A. Meeting rooms within Central Library, 7111 Talbert Street,
commonly known as B room, C & D room (combined) and the
Maddy Room.
B. Society will have exclusive use of the C &D room on the first
Saturday of every month, from the hours of 8:00 a.m. to 3:00 p.m.
Society will have exclusive use of the B and Maddy rooms from
9:00 a.m. to 10:00 a.m. on the first Saturday of every month. In no
event shall Society hold over on the use of the rooms beyond the
stated hours. If the Society does not use the rooms for any given
month, it is still responsible for making the monthly payment then
due.
C. City reserves the right to require that Society vacate the C & D
rooms by 2:00 p.m., upon three months advance written notice.
D. Effective January 1, 2008 through December 31, 2012, in
recognition of Society's status as a non-profit organization, the
total rent will be $697.00 per month, without increase.
E. Rent is due and payable in advance on the first day of each month.
For example, the rent due on January 1, 2003 is for the month of
January 2003.
F. In further recognition of Society's non-profit status, the following
equipment rental charges are included in the monthly rent: one
overhead projector, three screens, one podium with a microphone,
and one easel.
G. In the event the Library is closed on the first Saturday of a month
during the term hereof, due to an official City holiday, Society may
move its meeting to the second Saturday of that month.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
2
08-1434/17731
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their authorized officers on /�/��'i� 03 , 2008.
SOCIETY: CITY:
ORANGE COUNTY, CALIFORNIA CITY OF HUNTINGTON BEACH,
GENEALOGICAL SOCIETY a municipa corporation of the
A California corporation State of al'forma
By: &J (0e_N_ VA E,_4_�'-�'xl �/Z'��
City Administrator
(print or type name) APPROVED AS TO FORM:
Its: (circle one)Chairma President ice President
IZ�D`
QQi�,,City Attorney tijy�� I
By: �-LP� Zl I ICe .vFS �IIS
[� INITI T APPROVED:
(print or type name)
Its (circle one) Secretary/chief Financial Officer/ Direct rary Services
Asst. Secretary-Treasurer
3
08-1434/1773 I
RCA ROUTING SHEET
INITIATING DEPARTMENT: LIBRARY SERVICES
SUBJECT: APPROVE AMENDMENT TO ORANGE COUNTY,
CALIFORNIA GENEALOGICAL SOCIETY LEASE
AGREEMENT
COUNCIL MEETING DATE: March 3, 2008
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not A plicable ❑
Bonds (If applicable) Attached ❑
Not Applicable ❑
Staff Report (if applicable) Attached ❑
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FO DED
Administrative Staff
Deputy City Administrator Initial
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
® •
RCA Author Kathy Blassingame
® City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
• OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
CITY CLERK
March 6, 2008
Orange County, California Genealogical Society
P. O. Box 1587
Orange, CA 92683
Dear Ms. Anderson:
Enclosed for your records is a copy of Amendment No. 1 to the Agreement Between the
City of Huntington Beach and the Orange County, California Genealogical Society for the
use of City Owned Genealogical Materials.
Sincerely,
� o�ljro)
Joan L. Flynn, CMC
City Clerk
JF:pe
Enclosure. Agreement
G.fol1owup:agrmtitr
Sister Cities: Anjo, Japan a Waitakere, New Zealand
(Telephone:714-536.5227)
J �
OFFICE OF THE CITY CLERK :
CITY-OF HUNTINGTON BEACH
P. O. Box 190/2000 Main Street
Huntington Beach, CA 92648
(714) 536-5227
(714) 374-1557 FAX
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCII.J
REDEVEI,OPM ENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: d3 I a - 03
TO: - C - Q 'C- ATTENTION: fln G,,,,
frame 2Y cc',Coq, oG c
EPART`NIENT:
- Street
7- REGARDING: J.t.
:. city"State,Zi���� .� - � � �
ry�
p rPiy`cl L .
See Attached Action Agenda Item Date of Approval 0 3 -as -D 3
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway -
City'Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: L2 4-1
Name Department j RCA Agreement Insurance Bonds
Name Depa=mt RCA Agreement Insumnee Bonds
Narne Department RCA Agreement Insurance Bonds
Name Departrnemt RCA Agreement Insum nce Other
Name Department RCA Agrecmrnt Insurance Other
�1fnf�o�arun,9e�ers'r�verltrRevA.doc
• s
Brockwa , Connie
To: McGrath, Jennifer
Subject: i=W: Genealogical Lease at Library
It is a non-profit-so probably not- however please advise so that we will know in the future. Connie
-----Original Message-----
From, Brockway,Connie
Sent: Tuesday, March 11,2003 6:18 PM
To: McGrath,Jennifer
Subject: Genealogical Lease at Library
I cannot read the initials of the deputy atty preparing the above agreement. Please inform me if the this lease of city
property must be forwarded to the Possessory Interest Div of the Orange County Assessor. Sometimes it is in the
agreement sometimes not. This lease is with a corporation so that is why I ask. Connie
i _e�;
1
Council/Agency Meeting Held
Deferred/Continued to: '
pp roved ❑ Conditionally Approved ❑ Denied City Clerk's Signa>fe
Council Meeting Date: March 3, 2003 Department ID Number: AS 03-04
CITY OF HUNTINGTON BEACH w
REQUEST FOR COUNCIL ACTION
N —
O
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ^ry
3
SUBMITTED BY: RAY SILVER, City Administrato W
PREPARED BY: CLAY MARTIN, Director of Administrative Service -
RON HAYDEN, Director of Library Services / ��
' d�
SUBJECT: APPROVE LEASE WITH ORANGE COUN CALIFORNIA
GENEALOGICAL SOCIETY AT THE HUNTINGTON BEACH
CENTRAL LIBRARY
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Statue,Attachment(s)
Statement of Issue: Staff has negotiated a lease with the Orange County California
Genealogical Society for the regular use of meeting space at the Huntington Beach Central
Library.
Funding Source: Not applicable. Revenues generated will accrue to the Library Services
Fund.
Recommended Action: Approve the proposed lease with the Orange County California
Genealogical Society far the regular use of meeting space at the Huntington Beach Central
Library as set forth in the terms and conditions of the attached lease, and authorize the Mayor
and City Clerk to execute all documents related to this transaction.
Alternative Action(s): Do not authorize the proposed lease with the Orange County
California Genealogical Society.
Analysis-The Orange County Genealogical Society (Society) is a non-profit, educational
organization formed in 1963 for the collection, preservation and dissemination of information
relating to genealogy, biographical and heraldic data. In 1975, in collaboration with the City of
Huntington Beach, the Society found a new home at the Huntington Beach Central Library for
the storage of various books, periodicals, pamphlets and other research items (the
Collection). The Society donated the Collection to the City in 1988. Since that time, the
Collection has grown to over 16,000 items on family histories, genealogies, biographies,
census indices, periodicals, vital reports and other related information. It has an approximate
value of $825,000 and is one of the largest collections of its kind on the West Coast.
OCCGS lease.doc 2/2012003 11:44 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: March 3, 2003 DEPARTMENT ID NUMBER: AS 03-04
The Society provides full maintenance of the Collection by acquiring new materials,
cataloging, mending, binding and staffing the Collection. The Collection is located in the
Central Library and is accessible to library patrons and the general public.
In recognition of this long-standing collaborative relationship between the Society and the
City, staff has negotiated a preferential lease with the Society for the monthly utilization of
several meeting rooms at the Huntington Beach Central Library. A preferential lease may
involve a favorable rental rate, a higher usage or control of a building or any such condition
that gives an organization a favorable outcome than what would normally be achieved on a
commercial basis. A preferential lease is appropriate when there is a specific understanding
of the distinct benefits a particular organization brings to the community at large. The City
Council adopted preferential lease terms for non-profit organizations on May 21, 2001 (see
Attachment 1).
As a non-profit organization, staff recognizes the vital role the Society plays in the regular
maintenance and long-term growth of the Collection. These benefits include an average of
7,000 annual volunteer hours by Society members for maintenance of the Collection and an
average of 650 annual acquisitions of periodicals, books, microfiche and other items. It is
therefore recommended that the Society be provided preferential terms for the monthly use
of meeting rooms and audio/visual equipment. In accordance with the requirements for
preferential terms, the proposed lease with the Society provides for a sliding scale of rents
o%Pr the five-year term, with full fair market value rents for room and equipment use being
achieved by the fifth year.
Year 1 $500/mo. = $6,000/year
Year 2 $600/mo. = $7,200/year
Year 3 $625/mo. = $7,500/year
Year 4 $650/mo. = $7,800/year
Year 5 $697/mo. = $8,364/year
It should be noted that the Society previously utilized the meeting rooms and
equipment at no cost; this lease therefore results in new revenue for the Library
Services Fund.
The term of the lease would be for five years. The City would agree that it would not store
ary portion of the Collection during the term of the lease, although the City would have the
right to relocate the Collection in its entirety to substantially similar space within the Central
Library. The Society would be required to submit an annual business plan, attendance
records and annual financial statements.
The Director of Library Services, the Director of Administrative Services, the Real Estate
Manager and the City Attorney's office recommend approval of this lease.
Environmental Status: Not applicable.
D:A)ocuments and SektingslbodekaWy DoCUmentskRCA Letters\OCCGS lease.doc -2-
211 912003 1 0:21 AM
RAUEST FOR COUNCIL ACTIOW
MEETING DATE: March 3, 2003 DEPARTMENT ID NUMBER: AS 03-04
Attachments}:
City Clerk's
Page Number . Description
1 May 21, 2001, RCA on preferential lease terms
2 Lease with OCCGS
D:Oo.:uments and SettingslbodekaWy Documents\RCA Letters\OCCGS fease.doc -3-
212)2003 11:02 AM
ATTACHMENT # 1
CITY OF HUNTINGTON 13►mk:H
MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held:
Deferred/Continued to:
Approved 0 Condifonally Approved ❑ Denied -City Clerk's S' nature
Council Meeting Date: May 21, 2001 Department ID Number: 5
CITY OF HUNTINGTON BEACH CDs .
REQUEST FOR ACTION maw
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL "
SUBMITTED BY: AD HOC STANDARD LEASE PROVISIONS COMMITTEE &A1 ,
PETER GREEN, AND MEMBERS CONNIE BOA MAN ND
DEBBIE COOK
4� 1
PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SERVIC �.;
SUBJECT: APPROVE AD HOC COMMITTEE RECOMMENDATIONS
FOR STANDARD LEASE PROVISIONS BETWEEN CITY
AND NONPROFIT ORGANIZATIONS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue: The Ad Hoc Committee appointed to recommend standard lease provisions
for leases between the City and Huntington Beach nonprofit organizations has reviewed relevant
information and is submitting their recommendations to the City Council.
Funding Source: NIA
Recommended Action: Approve the Ad Hoc Committee's recommendations #1 — 10 regarding
standard lease provisions between the City and Huntington' Beach nonprofit organizations as
listed in the analysis section of the RCA and direct staff to include these provisions in all such
nonprofit preferential leases.
Alternative Action(s):
1. Amend the Ad Hoc Committee's recommendations.
2. Reject the Ad Hoc Committee's recommendations.
Analysis: On November 20, 2000, the City Council approved a recommendation from Council
Member Green to establish an Ad Hoc Committee to recommend standard lease provisions for
leases between the City and Huntington Beach nonprofit organizations and return with
recommendations by February 20, 2001. The Ad Hoc Committee is comprised of Council
Members Peter Green, Connie Boardman and Debbie Cook. The staff liaisons to the committee
4 ,�v
rcaadhockunki2 -2, 5I1=1 10:29 AM /�
� I
REQUEST FOR ACTION
MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER:
included Assistant City Administrator Bill Workman, Administrative Services Director Clay Martin,
Community Services Director Ron Hagan, Real Estate Manager Matt Lamb and Library Services
Director - Ron Hayden. Due to the staffing resources required to respond to -a series of
unanticipated city issues and scheduling conflicts, it has taken longer than expected to provide
the required information to the committee. Therefore, on February 20, 2001, the City Council
approved an extension of the recommendation until the May 7, 2001 City Council meeting. Some
nonprofit organizations, such as the Huntington Beach Playhouse, have expired leases with the
City and are awaiting the City Council's decision on such lease provisions.
The Ad Hoc Committee and staff reviewed information on four nonprofit organizations that have
lease arrangements with the City. These include the Boys and Girls Club, Surf Museum, Youth
Shelter and the Huntington Beach Playhouse (See Attachment #1). These nonprofit lease
arrangements include lease duration, terms, payments to the City, maintenance and facility
building costs. These arrangements vary. The Ad Hoc Committee addressed these variances in
an attempt to standardize the City's future lease arrangements with nonprofits.
Based on the review of the information, the Ad Hoc Committee developed recommendations for
nonprofit lease provisions with the City. On April 30, 2001, the Ad Hoc Committee agreed that all
leases between the City and nonprofit organizations must contain the following:
1. City Council Approval - All nonprofit leases with the City must have formal approval by the
City Council.
2. Lease Duration - Lease durations (i.e. 1 year, 3 year, 5 year, etc.) will vary based on the
unique conditions such as city subsidy, nonprofit finances, land lease, etc. The Liaison
Department (the Department responsible for interacting with the nonprofit) and the Real Estate
Division will recommend the lease duration based on the evaluation of standard lease
provisions as pertaining to the nonprofit.
3. New Leases I Expiration of Existing Leases - City Council approved standard lease
provisions with nonprofits will be required for all new leases. These provisions will be included
for existing leases with future expiration either upon expiration or by mutual agreement
between the nonprofit and the City.
4. Legal Requirements - All nonprofit leases with the City must be submitted for verification to
the Liaison Department with all necessary legal requirements. These include annual nonprofit
state and federal tax status, valid insurance and other requirements as determined by the City
Attorney.
5. City Direct I Indirect Funding - Liaison Department and Administrative Services
Department (Real Estate Division) will determine if the City is expending funds for the nonprofit
organization. These expenditures can derive directly from the General Fund (or other City
funding source) or indirectly through staff time and administration. The following are examples
of expenditures:
A. Direct: Budgeted within the City's General Fund or other City funding source (i.e.
rcaadhockunki2l -3- 05/10101 11:25 AM
REQUEST FOR ACTION
MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER:
Enterprise fund) such as staff, maintenance, utilities, equipment replacement, capital
improvement, carpeting and remodeling, etc..
B. Indirect: Providing space,.stafftime and administration.
6. Nonprofit Payment to City — Does the City receive payment from the nonprofit as a
result of the City's related direct or indirect costs? Liaison Department and Administrative
Services Department (Real Estate Division) will determine the following:
A. If City receives payment from the nonprofit, does payment recover City's cost?
B. If not, how are nonprofit program costs recovered?
7. City Subsidy - Annual Audited Financial Statement - If the City provides financial subsidy
(either directly or indirectly), the nonprofit is required to annually submit to the Liaison
Department and the Real Estate Division an annual audited statement or certified copy of
State and Pederal Tax returns. The City will review the nonprofit's financial statement or
tax returns to assist in determining the financial solvency of the nonprofit. This review may
analyze such activities as revenues, expenses, amortization, capital and balances.
8. Business Plan - Business Plan Requirements For Preferential_Terms With Nonprofit
Organizations (See Attachment #2). All nonprofit organizations will be required to submit.
a Business Plan, substantially in the same form, as approved by City Council. The
Business plan shall be included as an exhibit in any preferential lease ' or license
agreement with the City. The Business Plan will be the basis for the City Council to value
the community benefits vs. the public subsidy and to understand when that subsidy will no
longer be required by the nonprofit to fulfill their objectives. The Real Estate Division shall
be authorized to amend or add Business Plan requirements to meet the intent of City
Council. The nonprofit organization shall be required to update their Business Plans
annually to reflect any changes. All Business Plans and subsequent modifications must
be accepted in writing by the Real Estate Division and the Liaison Department.
9. Recovery/Remedial Plan - If the nonprofit organization fails to meet its stated goals and
objectives in any one quarter period, the Real Estate Services Division and the Liaison
Department shall be required to meet with the nonprofit to establish a Recovery Plan that
will delineate how the organization will take the appropriate steps to regain and fulfill the
commitments established in the filed Business Plan. The nonprofit will have six (6)
months from the date instituted by City staff to complete the Recovery Plan. if after the
recovery period has lapsed and the nonprofit has still failed to meet its Business Plan,
then the lease agreement will be subject to any action deemed appropriate by City Council
including, but not limited to, termination of the agreement.
10. Fund Augmentation — if the City is providing nonprofit subsidy, the City should encourage
the nonprofit to increase or augment its revenue. These programs can be evaluated
annually, along with the business plan, to evaluate reducing the City's subsidy. The
following are suggested programs to augment nonprofit funding-
A. Establish a foundation or other such nonprofit fundraising group
B. Develop fundraising programs
rcaadhockunk12 -4- 5110/01 10:29 AM
REQUEST FOR ACTION
MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER:
C. Charge appropriate fees to assist in reducing subsidy
D. Apply for grants
E. Solicit corporate sponsors
F. Create funding sources to establish or maintain capital and equipment
replacement
City staff shall include in all preferential leases a section that encapsulates the above stated
requirements.
Based on the approved recommendations by the City Council, the provisions will assist in
standardizing the nonprofit leases. This process should create a measurable, methodical and
consistent approach in negotiating leases between the City and Huntington Beach nonprofit
organizations.
Environmental Status: Not Applicable.
Attachment{s]:
DescriptionCity Clerk's No.
Page Number
1. Lease Comparison with Four City Nonprofit Organizations.
2. Standard Lease Provisions for Preferential Terms With Nonprofit
Organizations — Business Plan Requirements
RCA Author: Ron Hayden
rcaadhogkunk12 -5- 5110/01 10:29 AM
-- Lease Comparison with Four City Non Profit Organizations -
Including Huntington Beach Playhouse
1 2 3 4 5 6 7
Organization Sq Ft Purpose Lease term Annual lease Qriginal Association with
payment'to Lease City Department
_ ` d"DaCity/L City/Library te "Enterprise un 1. Boys & Girls 20,000 Serve low/moderate 15 yrs. $1 City 1996 None
Club income families
2 Surf Museum 3,Oa0 ;'Access surf related lyr. lyr extension $`10 City 1990 None
items/programs
3. Youth Shelter 3,000 Temp. home facility 20 yrs $10 City 1990 None
for minors
4 HBPH 1:-0 150 w W'No>� xclusive use far 3 }ors+2 2yr ,ext. = $2 ,544 1994 Library Service II
__.
Theater Area theatrical productions (recommended) Library Service (expired Fund
Green/:Maddy Rms Fund 2/99)
8 9 10 11 12 13
l2esPoasiblity/Costs;;Miutenance Responsibility/Costs Grits City Bond Payment Total Cast
Organization Utilities-Cleaniing.»Equip.; kpairs Building Itriprovetritents Requirement Annual per
Costs" S.F.
l.* Boys & Girls Club responsibility- $48,000 Club - $400,000 None $48,000 $2.40
Club
2. * Surf Museum Museum responsibility- $15,400`' Museum- $80,000 None $15,400 $5.13 h
3. Youth Shelter Shelter responsibility $22,200 Shelter- $150,000 None $22,200 $7.40
4 HBPH LIBRA2Y7CITY"xespansibtltty LIBRAY/G1TY LIBRARY/CITY *** $SO ,UQQ
**$ 33; 55 °� $50p,000.-T ater/MadAy ' Library 2211e"-+�
( ,gSIiiBlslpQtzc�n) 00,0fIQ Parlin� 1F' ppaata3,42 .. ,
,4
*See Attachment# 1 f
**See Attachment#2: Section I: Central Library/HBPH Proportionate Maintenance-Operating- Bond Costs including Library Staffing / Capital/
Equipment Replacement Costs
i
***See Section II in Attachment#2
i
Note: HBPH is only organization related to Department (Library) that has enterprise fund (Library Service Fund) requiring operation to
generate revenue for the following costs: bond payment - operating - maintenance - staff nonprostshb
STANDARD LEASE PROVISIONS
FOR
PREFERENTIAL TERMS
WITH
NON - PROFIT ORGANIZATIONS
BUSINESS PLAN REQUIREMENTS
Prior to the City of Huntington Beach("City") entering into a lease or license agreement with a
Non-profit Organization ("Non-Profit") under preferential terms of either direct or indirect funding
by the City, the Non-Profit shall be required to file a Business Plan with the City as an exhibit to
any agreement. This Business Plan will be the basis for the City Council to value the community
benefit vs. the subsidy and to understand when that subsidy will no longer be required by the Non-
Profit to fulfill their objectives. The Business Plan shall include, but not limited to, the following
minimum areas:
I. Executive Summary
The executive summary should give a brief overview of the organization, history,
achievements and accomplishments within the community, goal and objectives and plan
to complete those goals,obstacles to success, and resources available to Non-Profit.
111. Mission
How is the Non-Profit going'to make a difference within the City of Huntington Beach in
the next year and in the next three years?
III. Community Benefits
Provide the previous five(5) years of data, if available, that substantiates the
achievements and accomplishments of the Non-Profit. Types of acceptable information
will include: Level of participation by the community (i.e. attendance), Demographics of
participants,Numbers/types of programs by year, and any other types of information.
Identify any other organizations within the City that provide similar services or functions
and how the Non-Profit provides different or more targeted programs, if applicable.
IV. Goals & Objectives
Detail specific goals and objectives the Non-Profit has on a one (1) and three (3)year
basis to impart their mission to the benefit of the community. All goals and objectives
shall have a measurable component showing under what method the impact, growth, or
other benefit can be quantifiably detailed.
Examples:
(1) Increase annual attendance to museum by 10% or by 2000 people in year 1 and
increase the annual attendance level to 50,000 people by the completion of year 5.
Page I
(2) Increase gross receipts by S20,000 each year over the next five(5)years with the
annual rent payments to the City increasing by$3,000 for the first three (3) years
and rent payments increasing by$4,000 each year thereafter.
(3) Expand the number of outside exhibits rotating into the museum to a total of five
(5) in the first tnvo (2) years and to a total of six.(6) for the following three (3) years.
(4) Institute a new children's outreach program to surrounding elementary schools.
Specifically,partner with one elementary school in the first two (2) years and
modify and/or expand the program based upon the success of the pilot.
The above are only examples of the types of goals and objectives to help the Non-Profit
frame up a basis for a one (1) and three (3)year program. The Non-Profit may add other
qualitative goals and objectives at the end of this section to lay out additional targets that
complete the broader program. The goals and objectives of the Non-Profit should be
realistic. City Council will be expecting completion as stated to form the basis for
approval of the agreement with the Nan-Proft.
V. Organization & Operations
Provide an organizational chart.
• Provide a breakdown of the board of directors or governing body.
In a succinct format, detail how the organization works, areas of responsibility by
division and general job duties by position.
Detail what type of organizational growth or changes will be needed to meet the
stated goals and objectives of the organization.
Specify how community assess will be provided into your programs.
Identify how your organization currently or will function to provide your program to
the community.
State any alliances with other organizations.
VI. Financials
(1) Provide a current copy of the Non-Profit's balance sheet as of the last quarter from
the commencement date of the agreement.
(2) Provide a certified copy of the previous year's financial statement or a certified
copy of the previous year's Federal IRS tax form.
(3) Provide the board-approved budget for the current operational year.
(4) Provide a cash flow model for the upcoming three(3)years that reflect all
assumptions for revenue grow, increased expenses, capital improvements, and any
other fiscal assumptions. The assumptions for the model should be stated clearly in
a separate area.
VII. Obstacles
Indicate what obstacles, i.e. financing, resources, community, that may now exist that
would prevent the Non-Profit from successfully meeting all the goals and objectives of
the organization. What future factors could impact the Non-Profit's ability to meet the
established targets.)
Page 2
ATTACHMENT #2
AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY
FOR THE USE OF CITY OWNED GENEALOGICAL MATERIALS
THIS AGREEMENT is made this 3Y� day of 0 , 2003 , by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereafter called "City" and the ORANGE COUNTY, CALIFORNIA GENEALOGICAL
SOCIETY, a California corporation, hereinafter called "Society."
WHEREAS, City is the owner of a special, non-circulating collection of genealogical
books, pamphlets, files, guides, and related articles and items, hereinafter referred to as the
"Collection;" and
City gratefully acknowledges the previous donation of the Collection from Society, and
recognizes that the Collection has an approximate value, at commencement of this Agreement, of
$825,000; and
City acknowledges its long-standing relationship with Society and is willing to provide
preferential terms to Society in accprdance with.the City Council's policy on preferential rentals
for non-profit organizations; and
Society wishes to enter into a cooperative relationship with City concerning the use,
maintenance and development of the Collection,
NOW, THEREFORE, the parties hereto do hereby agree as follows:
l. TERM OF AGREEMENT
This Agreement shall be effective as of January 1, 2003, and shall expire on December
31, 2007. This Agreement may be extended for one additional five-year period if mutually
agreed in writing by both parties. If Society desires to extend this Agreement, it must so notify
City in writing no later than September 30, 2007. No such extension will be effective unless the
City provides written approval thereof. The City Administrator of City is hereby authorized to
review, and grant or deny, any such request for extension on behalf of City.
2. PROVISION OF MONTHLY MEETING PLACE; RENT
City agrees to furnish and provide Society, once each month, a place of meeting for
Society's members. Such meeting place is hereby designated as follows:
A. Meeting rooms within Central Library, 7111 Talbert Street, commonly known as
B room, C & D room (combined) and the Maddy Room.
B. Society will have exclusive use of the C & D room on the first Saturday of every
month, from the hours of 8:00 a.m. to 3:00 p.m. Society will have exclusive use
03agree genealagicall L128::03 1
of the B and Maddy rooms from 9:00 a.m. to 10:00 a.m. on the first Saturday of
every month. In no event shall Society hold over on the use of the rooms beyond
the stated hours. If the Society does not use the rooms for any given month, it is
still responsible for making the monthly payment then due.
C. City reserves the right to require that Society vacate the C & D rooms by 2:00
p.m., upon three months advance written notice.
D. In recognition of Society's status as a non-profit organization, the total rent will
be as follows:
Year I $500/month
Year 2 $600/month
Year 3 $625/month
Year 4 $650/month
Year 5 $697/month
E. Rent is due and payable in advance on the first day of each month. For example,
the rent due on January 1, 2003 is for the month of January 2003.
F. In further recognition of Society's non-profit status, the following equipment (flof)
rental charges are included in the monthly rent: one overhead projector,eIa3s�
screen, one podium with a microphone and one easel.
G. In the event the Library is closed on the first Saturday of a month during the term
hereof, due to an official City holiday, Society may move its meeting to the
second Saturday of that month.
3. DESIGNATION OF REPRESENTATIVES
Society hereby designates its President and one member from its library committee to be
its authorized representatives, who shall represent it and be its sole contact and agent in all
consultations with City during the performance of this Agreement. City shall assign a staff
coordinator to work directly with Society in the performance of this Agreement.
4. FORMAL VOLUNTEER STATUS
City agrees to recognize the members of Society as a formal addition to City's volunteer
Library staff, and such persons shall be accorded all rights, privileges and duties pertaining
thereto.
5. ADDITONS TO COLLECTION
The parties hereto agree that Society may, during the term of this Agreement, acquire
genealogical materials and may periodically donate the same to City for possession by City and
use of the general public. Upon acceptance of such material, City shall, through its Director of
03agreclgencalogica111128'03 2
Library Services (hereinafter referred to as "the Director") or his authorized representative,
receive such materials for addition to the Collection. City agrees to affix a donation label
providing recognition of Society in each item donated hereunder.
City agrees to provide a reasonable amount of basement shelving and storage space, as
available, for the exclusive storage of Society's materials such as Sales Table items, Book Fair
donations, publications and records. Materials may be stored pursuant to this section for a
maximum of one year, beginning on the effective date of this Agreement. At the end of the
every one-year period thereafter, such materials shall be donated to City's collection, or removed
from the Library by Society at its own expense.
6. SAFEKEEPf G AND MAINTENANCE
City shall exercise ordinary and reasonable care for the safekeeping and maintenance of
the Collection so that it shall not be damaged, lost or stolen. City shall provide the Collection as
non-circulating, reference material for use by Society and the general public so long as the
Collection is in the possession of City. City covenants and agrees that it will provide reasonable
shelving, office equipment, desks, tables and/or chairs to facilitate the use of the Collection by
Society and by the general public. City will provide additional such facilities to the extent they
become available. City also agrees that it will,to the extent budgeted funds are available for
such purposes, provide binding and other repair services to the Collection in order to assure that
it will remain in good condition for the use of the general public.
7. SERVICES PROVIDED BY SOCIETY
A. Discard Recommendations: Society agrees to periodically recommend to City at
least once during the term of this Agreement, the removal of materials from the
Collection. City shall act upon such recommendations as deemed appropriate by
the Director or his authorized representative. City agrees to earmark funds
received from the sale of such discarded materials to support and maintain the
Collection.
B. Binding and Mending: Society shall continue to mend and bind books, pamphlets
and periodicals for the Collection as Society's budget permits. Society agrees to
purchase expendable supplies needed for maintenance and repair of the
Collection, including but not limited to, catalog cards, labels, book plates, glue,
periodical boxes, pamphlet file folders, laminating materials and other materials
as needed as Society's budget permits. City agrees to provide, at the discretion of
the Library Director, a workroom and storage area for temporary storage of
books, and the binding and mending of materials.
C. Cataloging: Society shall continue to catalog and process the Collection. City
agrees to enter the Collection into the Library's computer catalog system as soon
as deemed practicable by the Director.
03agree/genealogical.11:6103 3
8. LOCATION OF COLLECTION
The Collection shall be located and maintained at the Central Branch of the City's
Library, presently located at 7111 Talbert Avenue, Huntington Beach, California. The
Collection shall be kept in a single general area within said location.
City retains the sole right-to determine the location of the Collection, provided that in the
event the City wishes to relocate the Collection from its current location, it will provide Society
with 3 months advance written notice of such decision. In addition, the City agrees that any
relocation of the Collection during the initial term of this Agreement will be in its entirety, and
that the Collection will not be separated should relocation occur. The City also agrees that if a
relocation of the Collection is necessary, it will relocate the Collection to a substantially similar
space within the Central Library.
City will make the Collection accessible to members of the general public and members
of the Society without appointment or advance registration during regular business hours of the
Library.
City agrees that it will not store any portion of the Collection during the initial term.
9. CITY'S PURCHASE OF ADDITIONAL MATERIAL
City may during the term of this Agreement, but is not obligated to do so, purchase
genealogical materials from its budgeted funds to supplement the Collection. If so, title to such
materials purchased by City shall at all times remain the property of the City.
10. PHOTOCOPYING
City agrees to provide photocopying equipment and supplies for designated Society
representatives to prepare materials to be placed in the Collection without charge. All other
general members of Society will be required to pay the current charges for utilizing the
photocopying equipment.
11. NOTICES
Any notice to be given hereunder shall be sent by registered mail, and shall be deemed to
be given when so mailed to the party to be notified at the address herein below stated:
To City: To Society:
City of Huntington Beach Orange County California Genealogy Society
Library Services Director P. O. Box 1587
7111 Talbert Street Orange, CA 92683
Huntington Beach, CA 92648
with a copy to :
03agreelgenealogi cal?I/28iO3 4
City of Huntington Beach
Real Estate Services Manager
2000 Main Street
Huntington Beach, CA 92648
City or Society may change the name of the party to be notified by written,notice to the other
party.
12. INSURANCE
City is a self-insured public entity. Society may, but is not obligated to do so, insure the
Collection against theft or damage. Any such insurance shall name City as beneficiary. City
agrees to earmark any funds received from claims against such insurance coverage to support
and maintain the Collection. Society agrees to continue to specify the replacement value of the
materials in the Collection for insurance purposes.
13. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time for any reason, upon six (6)
months prior written notice.
14. BUSINESS PLAN
Society is required to submit an annual business plan on the anniversary of the effective
date of this Agreement as well as copies of State and/or Federal Income Tax returns, attendance
records of its monthly meetings and proof of current not-for-profit status. City hereby
acknowledges receipt of this information for the year 2003.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties hereto, and no
representations or promises have been made that are not fully set forth herein. The parties hereto
understand and agree that no modification of this Agreement will be binding unless such
modification is in writing and duly accepted and executed by both parties.
SIGNATURES ON NEXT PAGE
03 agree:geneal ogicall l 128103 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
ORANGE COUNTY CALIFORNIA CITY OF HUNTINGTON BEACH, a
GENEALOGICAL SOCIETY, a California municipal corporation of the State of
corporation Californi
By: 2. kaw �
Mayor
print name
ITS: (circle onej Chairman resider ice President ATTEST:
AND
' City Clerk
By:
APPROVED AS TO FORM:
print name
ITS: (circle onej Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer /�• A056-1f
,� �p!C zt A4orney
INITIATED AND APPROVED:
REVIEW D AND NROVgE . t- f
(Direct r of Library Services
City Administrator ]
03 agreelgenealogicall l/28103 6
FEB-19-2003 1o:35 HUN-INGTON BEACH LIBRARY 714 37� 5180 r'•p2i�
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
I. Requested by: 2n Hate-!aril, PJfector Qf Libranf gar vim
2. Date: Fnr,1 j, 2003
3. Name of contractor/permittee: Q,M,gg-Coynty Ceijfornig Geneaiaai_caI Society
4. Description of work to be performed: Tot MggtincLspac ston tlor. Qf majorrals
5. Value and length of contract: 55 yeiaLqgn r
6. Waiver/modfflostion request: Watig
7. Reason for request and why It should be granted: SociRbf pMq9nWIim ed o the C'
n t-hft wnguctei ing§% jh@jLjglyftjUjAcjwdg Jhe donalioatot e
LibEgnt car he i Co 7 it tRi etin s a e rlfin to
aLW-of the i¢r�rrv_
8. Identify the risks to the Cfty In approving this waiver/rrodkFioation: Minimal risks. o tia
f r i and fall b zardl. which gquld hia2pen to a one usi a the l l _
February 19 2003
6qA*� Department H Signature Date:
APPROVALS
Approvals►?lust pe obtained in the order 119ad-on this form. Two approvals afe required
for a request to be granted. Approval from the City Acirniristratoes Office is only required it
Risk taanagerrent and the City Attorney's Offios disagree.
1. Risk Management
*Approved ❑ Denied zl�10-;�
S' ature Date
2. City Attorney's Office
❑ Appraved Denied
Sign r -Date
3. Ci Adminisfttor'e Office
roved ❑ Denied _— ---
pPDate
lko--04e
If approved, the completad waiver/modifiCBti requart is to be.sut�r=the
LC]ityAtttojrney's Office along with life contract for app val. Untie tha ccintraGtis form is to be filed with the Risk Management Divislon of AdminiSU
9Honrpsi 11."AU
Inc. A,1ndWMifir116AA WOVAr TOTAL P.02
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: APPROVE LEASE WITH ORANGE COUNTY CALIFORNIA
GENEALOGICAL SOCIETY AT THE HUNTINGTON
BEACH CENTRAL LIBRARY
COUNCIL MEETING DATE: March 3, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
T.,act Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in fu11 b fhe Cif Attome Attached
Subleases, Third Party Agreements, etc.
LAp2roved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the Uty Attome ) Attached
Financial Impact Statement Unbud et, over $5,000 Not Applicable
Bonds (If applicable) Not Applicable
'f Report (If applicable) Not Applicable
Cc. Board or Committee Report (If a licable) Not Applicable
Firdin s/Conditions for Approval and/or Denial Not Applicable-----,
EXPLANATION FOR-MISSING ATTACHMENTS
REVIEWED RETURNED :FORWARDED
Administrative Staff �I[
Assistant City Administrator Initial
City Administrator Initial
City Clerk
j..}; T . PLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author: Bodek x5445