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HomeMy WebLinkAboutSister City Association of Huntington Beach (SCAHB) - 2017-11-06 Dept. ID CS 17-030 Page 1 of 3 Meeting Date: 11/6/2017 APAPOvED 7-0 _ CITY OF HUNTINGTON BEACH = f� a REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) with the Sister City Association of Huntington Beach (SCAHB) to formalize the working relationship between agencies Statement of Issue: The Sister City Association of Huntington Beach (SCAHB) has been working for decades to create mutual understanding between the City of Huntington Beach (City) citizens, and the citizens of various "sister" cities around the globe. To memorialize these efforts and to formalize this ongoing working relationship, there is a need to approve a Memorandum of Understanding (MOU) between agencies. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and the Sister City Association of Huntington Beach." Alternative Action(s): Do not approve the Memorandum of Understanding between the City of Huntington Beach and the Sister City Association of Huntington Beach and direct staff accordingly. Analysis: At the request of the Sister City Association of Huntington Beach (SCAHB), the City of Huntington Beach (City) worked to develop a Memorandum of Understanding (MOU) for City Council adoption. Under the conditions of the MOU, the SCAHB will continue to act on behalf of students and citizens of Huntington Beach to develop and implement an ongoing Sister City program (Attachment 1). The SCAHB has a long history in the City, spanning over six decades. The "People to People Program" was inaugurated by the president of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations around the globe, through the medium of direct personal contact. In the late 1970's, the Town Affiliation Association of the U.S. Inc., requested that the City of Huntington Beach and other communities in the United States unite with cities in other nations of similar characteristics and mutual interests. Beginning on February 22, 1977, again on June 7, 1982, and on October 3, 2011, the City of Huntington Beach recognized and endorsed the "People to People Program." This laid the groundwork for the Sister City Program, with the intention of creating lasting friendships between people of various cities. HB -235- Item 1.8. - 1 Dept. ID CS 17-030 Page 2 of 3 Meeting Date: 11/6/2017 On February 22, 1977, the City of Huntington Beach adopted Resolution 4421, extending an invitation to the City of Waitemata, New Zealand, to become a Sister City to Huntington Beach and inviting them to participate in the Sister City Program (Attachment 2). The City Council at the June 7, 1982 City Council meeting adopted Resolution No. 5128. This resolution extended an invitation to the City of Anjo, Japan, to become a Sister City and inviting them to participate in the City of Huntington Beach Sister City Program (Attachment 3). Most recently, on October 3, 2011, the City of Huntington Beach adopted Resolution No. 2011-70, extending another invitation. This time, the invitation went to the Manly Council, New South Wales, Australia, to become a Sister City and to establish a Sister City relationship (Attachment 4). In an effort to enhance education and advocacy, the Sister City Association of Huntington Beach (SCAHB) was officially incorporated on June 13, 1986 (Attachment 5). The SCAHB is a 501(c)(3) corporation organized and operated exclusively for public and charitable purposes. The mission of the SCAHB is to enhance life experiences of its students and citizens through cultural exchange and to interface with various countries through education and advocacy aimed to empower and meet the needs of a diverse population to understand our changing world. Currently, the City of Huntington Beach and SCAHB has a relationship with Anjo, Japan, and Manly, Australia. SCAHB coordinates a variety of community activities including, but not limited to, a high school student exchange program with official Sister City delegation tours. Although the City of Huntington Beach supports the mission of SCAHB in concept, the City does not provide any oversight or funding for SCAHB programs and activities. The obligations of the City pursuant to this MOU are subject to budget constraints and available staffing, and shall be as follows: 1. City may provide the use of meeting space at City facilities to hold meetings in which to conduct routine business of SCAHB. 2. City may provide facilities for the purpose of supporting special activities for the SCAHB delegates as available. 3. City may provide staff support for meetings and staff support for event permitting through the Specific Events process. 4. City Community Services Department may provide support services for development, postage, and in-house printing of annual brochure and other documents as needed based upon availability for SCAHB. In the event outsourcing of printing becomes necessary, SCAHB shall be responsible for printing. 5. City will provide the following mailing address to conduct official business: Sister City Association C/O City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648, USA The obligations of the SCAHB pursuant to this MOU shall be as follows: 1, SCAHB as a 501(c)(3) Charitable Organization, shall provide its services as an organization accepting public and private donations intended for use in the furthering of cultural exchanges within existing or future City recognized Sister cities. 2. SCAHB shall act in concert with City, county, state and federal agencies to ensure the Item 18. - 2 HB -236- Dept. ID CS 17-030 Page 3 of 3 Meeting Date: 11/6/2017 people of other cities are treated with respect and dignity. 3. SCAHB shall represent the City with various sister cities across the globe. 4. SCAHB shall present programs and activities to foster SCAHB activities only. 5. SCAHB shall do background checks for all SCAHB members, chaperones, and volunteers, and provide City with a roster annually. 6. SCAHB shall provide insurance as required by the City. The SCAHB shall provide all needed financial support, volunteer supervision, and program oversight to the education, advocacy, and other sister city programs, including all aspects of cultural travel and exchange programs. Environmental Status: Not applicable. Strategic Plan Goal: Improve Quality of Life. Attachment(s): 1. "Memorandum of Understanding between the City of Huntington Beach and the Sister City Association of Huntington Beach" 2. Resolution No. 4421 of the City Council of the City of Huntington Beach extending an invitation to the City of Waitemata, New Zealand to become a Sister-City and inviting the people of Waitemata, New Zealand, to participate in said program 3. Resolution No. 5128 of the City Council of the City of Huntington Beach extending an invitation to the City of Anjo, Japan to become a Sister-City and inviting the people of Anjo, Japan to participate in said program 4. Resolution 2011-70 of the City Council of the City of Huntington Beach extending an invitation to the Manly Council, New South Wales, Australia to become a Sister-City and inviting the people of Manly Council, New South Wales, Australia, to participate in said program 5. Articles of Incorporation of Sister City Association of Huntington Beach, Inc. i HB -237- Item 18. - 3 ATTACHMENT # 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE SISTER CITY ASSOCIATION OF HUNTINGTON BEACH THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on November 6th , 2017, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and the SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, a 501(c)(3) charitable organization (hereinafter referred to as "SCAHB"). WHEREAS, "People to People Program"was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and The City of Huntington Beach and other communities in the United States were requested by Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and Beginning on February 22, 1977, and again on June 7, 1982 and October 3, 2011, the City of Huntington Beach, through its City Council, recognized and endorsed the "People to People" program with the hope that it would lead to a lasting friendship between the people of various cities; and On February 22, 1977, the City of Huntington Beach extended an invitation to the City of Waitemata, New Zealand to become a Sister City to Huntington Beach and inviting them to participate in the Sister City Program; and The City Council, at the June 7, 1982 meeting, extended an invitation to the city of Anj o, Japan to become a Sister City and inviting them to participate in the City of Huntington Beach Sister City Program; and On October 3, 2011, the City of Huntington Beach extended an invitation to the Manly Council, New South Wales, Australia, to become a Sister City and to participate in the City of Huntington Beach Sister City Program; and On June 13, 1986, in an effort to enhance education and advocacy, the Sister City Association of Huntington Beach was officially incorporated to enhance life experiences of its students and citizens through cultural exchange and interface with various countries through education and advocacy aimed to empower and meet the needs of a diverse population to understand our changing world; and CITY is committed to the SCAHB Mission, "To promote goodwill and fellowship through cultural exchanges between the City of Huntington Beach and other cities outside the United States of America," and shall provide staff through the Community Services Department to assist the SCAHB, 1 16-5429/143667 NOW, THEREFORE, 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 MOU may be extended for additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this MOU, subject to budget constraints and available staffing, shall be as follows: 1. CITY may provide the use of meeting space at City facilities for holding meetings in which to conduct routine business of SCAHB. 2. CITY may provide facilities for the purpose of supporting special activities for the SCAHB delegates as available. 3. CITY may provide staff support for meetings and staff support for event permitting through the Specific Events process. 4. CITY may provide support services for development, postage and in-house printing of annual brochure and other documents as needed based upon availability for SCAHB. In the event outsourcing of printing becomes necessary, SCAHB shall be responsible for their own printing. 5. City will provide address: Sister City Association CIO City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648, USA SECTION 3. OBLIGATIONS OF SCAHB The obligations of the SCAHB pursuant to this MOU shall be as follows: 1. SCAHB as a 501(c)(3) Charitable Organization, shall provide its services as an organization accepting public and private donations intended for use in the furthering of cultural exchanges within existing or future CITY recognized Sister Cities. 2. SCAHB shall act in concert with CITY, county, state, and federal agencies to ensure the people of other cities are treated with respect and dignity. 2 16-5429/143667 3. Represent the CITY with various Sister Cities across the globe. 4. Present programs and activities to foster SCAHB activities only. 5. Do background checks for each SCAHB member, chaperone and volunteer and provide CITY with a roster annually. 6. Provide insurance as required by the CITY. SECTION 4. ACCESS TO CITY MARKS AND LOGOS SCAHB shall have the right to use the official Huntington Beach City logo, and CITY's "Surf City Huntington Beach" trademark with the prior written approval of CITY's Director of Community Services ("Director"), which approval shall be at the sole discretion of the Director. SCAHB will not use the trademark or logo for commercial purposes. SECTION 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SCAHB hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused to anyone, including those resulting from death or injury to SCAHB's employees and damage to SCAHB's property, arising directly or indirectly out of the obligations or operations herein undertaken by SCAHB, caused in whole or in part by any negligent act or omission of SCAHB, any subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. SCAHB will conduct all defense at its sole cost and expense and CITY shall approve selection of SCAHB's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SCAHB. SECTION 6. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to Labor Code Section 1861, SCAHB acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; SCAHB covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SCAHB shall obtain and furnish to CITY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. SCAHB shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. SCAHB shall furnish to 3 16-5429/143667 CITY a certificate of waiver of subrogation under the term of the workers' compensation and employer's liability insurance and SCAHB shall similarly require all subcontractors to waive subrogation. SECTION 7. INSURANCE In addition to the workers' compensation and employer's liability insurance and SCAHB's covenant to defend, hold harmless and indemnify CITY, SCAHB shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. This policy shall indemnify SCAHB, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with this MOU, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the"Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that SCAHB's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to SCAHB shall also be available to the Additionally Insured Parties. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, without the express written consent of CITY; however, an insurance policy "deductible" of $5,000.00 is permitted. SCAHB shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of SCAHB by this Agreement. SECTION 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SCAHB shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the 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. SCAHB shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 4 16-5429/143667 The requirement for carrying the foregoing insurance coverages shall not derogate from SCAHB's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. SCAHB shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SCAHB shall provide a separate copy of the additional insured endorsement to each of SCAHB's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. SCAHB shall require all subcontractors to name SCAHB, its officers, employees, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad. SCAHB shall verify that every subcontractor policy endorsement complies with the requirements set forth herein. 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 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 SCAHB 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 SCAHB activities. However, consistent with good safety practices, CITY will endeavor to give 24- hour advance notification of such activities to SCAHB. In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to SCAHB for support of SCAHB's activities as set forth under this MOU. 5 16-5429/143667 SECTION 13. NONDISCLOSURES/PRESS RELEASES SCAHB 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 hereafter. 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 SCAHB 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 SCAHB, 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 SCAHB 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 SCAHB Director of Community Services Sister City Association of Huntington Beach City of Huntington Beach Attn: President 2000 Main Street 2000 Main Street Huntington Beach, CA 92648-2702 Huntington Beach, CA 92648 Phone: (714) 536-5486 Phone: (310) 663-0885 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. 6 16-5429/143667 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 SCAHB 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 SCAHB, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to SCAHB, 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 sixty (60) days notice in writing. 7 16-5429/143667 SECTION 25. MODIFICATIONS IN WRITING This MOU contains and embraces the entire MOU 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 MOU between the parties unless such MOU be expressed in writing, signed and acknowledged by CITY and SCAHB, 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. REST OF PAGE INTENTIONALLY LEFT BLANK 8 16-5429/143667 SECTION 28. ENTIRETY The foregoing sets forth the entire MOU 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. SISTER CITY ASSOCIATION OF CITY OF HUNTINGTON BEACH, a HUNTINGTON BEACH, municipal corporation of the State of A 501(c)(3) charitable organization: California y� print name Mayor Its: `J e l'r;w? �/T —print title ' Aiftu �- City Clerk !�� _' INITI TED AND APPROVED: f` print name / Its: t��t/ i'/i/aC �� i S� �n .� print tale ,j DirecttCumix unity Services L.% REVI ND APPROVED: CiPgaker APPROVED AS FORM: 76mey SIL, I t 9 16-5429/143667 ..... _.._........ . .. SISC-0 i OP ID: J (rsMruorYYYYI CERTIFICATE OF LIABILITY INSURANCE DAT 4 E(MMI2�r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVES:,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 endursement(s). 714-890-9220 CONTAcT The J. Morey Company, Inc. PRODUCER NAME: _ iArrowood Insurance Lic#OF51749 PHONE 714-890-9220 AID Na':714-890-9230 j 15175 Springdale Street No.eXt}: evc. Huntington Beach,CA 92649 oDRess' The J.Morey Company,Inc. INSURERISI AFFORDING COVERAGE NAIL# Mitsui Sumitomo Ins Cc of Ana 20362 INSURER A INSURED Sister City Assocation of --_-- INSURER B: __— Huntington Beach 2. 17712 Wrightwood Lane INSURER c: -- Huntington Beach.CA 52649 INSURER D:INSURER INSURER E' _ - - INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW1 H;TANDING ANY REQUIREMENT, TERM OF.,CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEJEC T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUBR !iMP0116Y EFF POLICY EXP LIMITS. INSR IADOL POLICY NUMBER TYPE OF INSURANCE A X COtIh?ERCIAL GENERAL LIABILITY EaCH occuRRENCE i$ 1,D00,D00 DAMAGE TO RENTED 300,000 c Alrn=ry OE accuP vL2122fi5o 0910712D17 D9l117/2018�RHMISES(Ea cccnLenr�D EXP Amn One arson1D,DDD RSONAL&ADV INJURY is 1,DDD,DDO �J 2,DDD,ODD GEN'L AGGREGATE LIMCT APPLIES PER - GENERAL AGGREGATE i S !PRO- 1 PRODUCTS-COMPIC:F AGG I S 2,DOD,DOD X POLICY JECT F LOG OTHER: I S COMBWED SINGLE LIh1LT S AUTOMOSILc.LIABILITY i^ 1 ANY AUTO BODILY INJURY tPer ersonl I S OWNED �� SCHEDULED AUTOS ONLY i AUTOS j BODILY INJURY(Per acudeni) b HIRED NON-OWNED PROPEBTYDAMAGE NON-OWNEDAUTOSONLY ALTOS ONLY APPROVED AS TO FORM Per accdentl 5 UMBRELLA.LU18 OCCUR EACH OCCURRENCE I \ ��t l{��(� 5 EXCESS LIAB CLAIMS-MADE Bye \\ \ AGGREGATE 5 ICHAEL E, GA 5 � DED RETENTIONS S WORKERS COMPENSATION CITY OF HUNTINGTO BEACH PER u-r oTH- AND EMPLOYERS'LIABILITY Y r N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT !$ OFFICER'MEMBER EXCLUDED? N I A .i{Mandatary in NH} E.L DISEASE-EA EMPLOYEc S If yes,describe.under E.L.DISEASE-POLICY LIMIT 13 DESCRIPTION OF OPERATIONS below I I � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Huntington Beach,its elected or appointed officials,agents, officers,employyees and volunteers are named as additional insured per GL form CG2012 07198. Cancellation perform ILD270 11 04. CERTIFICATE HOLDER CANCELLATION CITH-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City.of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648-2702 AUTHORIZED REPRESENTATIVE ACORD 25{201.6/03) O 1938-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I POLICY NUMBER: GL2i 22656 COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: CITY OF HUNTINGTON BEACH,ITS ELECTED OR APPOLNTED OFFICLALS,AGENTS, OFFICERS,EMPLOYEES;AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH,CA 92648-2702 _AT L OPERATIONS OF THE NAFD INSURED FORT ITE CERTIFICATE HOLDER (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an insured any state or political subdivi- a. "Bodily injury," 'property damage" or "per- sion shown in the Schedule, subject to the following sonal and advertising injury" arising out of provisions: operations performed for the state or munici- 1. This insurance applies only with respect to op- pality-, or erations performed by you or on your behalf for b. 'Bodily injury" or "property damage" included which the state or political subdivision has issued within the "products-completed operations a permit. hazard". CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ Clir T1Y OF HUNTTNGTON BEACIT A 4. 2000 Mam Str eet, Huntington Beach, CA 9261 8 r-ur ` 141-beacb,,, Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you, may make a declaration to that effect by completing and signing this form and returning TO: f HuntngtoBamity OI Lli1, neah,2000 Main Street Huntington Beach, CA 92648 1 certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the Ci y of Huntington Beach to immediately and retroactively t revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: sisfey Address: A9 Applicant Applicant's Signature: Title: Date Signed: ;71 Telephone Number: (714) salution No-2009-63 CITY OF HUNTI GTON BEACH 2000 Main Street d� e Huntington Beach, CA 92648 DECLARATION OF PE.RMLITI'E I certify twat no, veh=zcie(s) will be used or operated in the performance of the task(s) or event(s) for which this perin:t is granted. I authorize the City of Huntington tington BeacL..,w irr-smediately and retroactively revoke the license or permit issue in connection whh, or in die performance of said task(s) or event(s) if any vehicle(s) is used. Signat re of Periiiittee- :i/ Print name Company name (ii applicable) Date slimed_4" a EXHIBIT I IL02700811 TH S ENDORSEMENT CHANGES THE P©UCY. PLEASE READ IT CAREFULLY. CALIFORNIA CHAN ES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENEPALAL LIABILITY COVERAGE PART COMMEr!r_IAL INLAND MARINE COVERAGE PANT COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PAF?T MEDICAL PROFESSIONAL LIABIL€7Y COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIL€TY COVERAGE PAFT71 A. Paragraphs Z, 3. and 5. of the CanceillAon 3. AD Policies In EffecA For More Than 6D Days Common Poiicy Condibcn are replaced by the a 1= this policy has been in erect for more following; than 663 days, or is a renewai of, a polio we 2. AIi Potholes In Effect For 60 Days Or Less issued, we may cane this policy only upon If this policy has been in effect for 60 days or the occurrence, after the effective date of less, and is not a renewal of a policy we have the policy, of one or more of the following: previously issued, we may caned this policy by (1) Nonpayment of premium, including mailing or delivering to the first Named Insured, payment due on a prior policy we issued at the mailing address shown in the policy,and and due during the current policy term to the producer of record, advance written covering the same risks. notice of cancellation, stating the reason for (2) Discovery of fraud or material cancellation, at least: misrepresentation by: a. 10 days before the effective date of (a) Any insured or his or her cancellation if wecancd for: representative in obtaining this (1) Nonpayment of premium; or insurance; or (2) Discovery of fraud b'y: (b) You or your representative in (a) Any insured or his or her pursuing a claim under this policy. representative in obtaining this (3) A judgment by a court or an insurance; or administrative tribunal that you have (b) You or your representative in violated a California or Federal law, pursuing a claim under this policy_ having as one of its necessary elements an act which materially increases any of b. 30 days before the effective date of the risks insured against. cancellation if we cancel for any other reason. tl IL 02 70 08 11 0 Insurance Services Office, Inc., 2010 Page 1 at 4 G (4) Discovery of wilful or grossly negligent B The following provision is added to the acts or orrissions, or of any violations of Cancellation Common Policy Condition: state laws or regulations establishing 7. IlesldeffW Property safety standards, by you or your representativa which materially increase This provision applies to coverage on real any of the risks insured against property which is used predominantly for residential purposes and consisting of not (5) Failure by you or your representative to more than four dwelling units, and to coverage implement reasonable loss control on tenants' household personal property in a requirements, agreed to by you as a residential unit, if such coverage is written condition of policy issuance, or which under one of the following; were conditions precedent to our use or a particular rate or rating pian, if that Convmrciai Property Coverage Part failure materially increases any of the Farm Coverage Part — Farm Property — Farm risks insured against Dwellings, Appurtenant Structures And (6) A determination by the Commissioner of Household Personal Property Coverage Form Insurance that the; a. If such coverage has been in effect for 60 (a) Loss of, or changes in, our days or less, and is not a renewal of reinsurance covering all or part of coverage we previously issued, we may the risk would threaten our financial cancel this coverage for any reason, except integrity or solvency; or as provided in b.and c. below, (b) Continuation of the policy coverage b. We may not cancel this policy solely would. because the first Narned Insured has: {i) Place us in violation of Cardornia (1) Accepted an offer of earthquake law or the laws of the state where coverage; or we are domiciled; or' (2) Cancelled or did not renew a policy (n) Threaten our solvency. issued by the Calitomia Earthquake Authority (CEA) that included an (;) A change by you W your rerty of earthquake policy premiumsurcharge. in the activities or property of the However, we shall cancel this policy if the commercial or industrial enterprise, first Naared Insured has accepted a new or which results in a materially added, renewal policy issued by the CEA that increased or changed risk, unless the includes an earthquake policy premium added, increased or changed risk is surcharge but-fails to pay the earthquake Included in the policy. b. We will mail or deliver advance written CEA policypremium surcharge authorized by the notice of cancellation, stating the reason for c. We may not cancel such coverage solely cancellation, to the first Named Insured, at because corrosive soil conditions exist on the malting address shown in the policy, the premises. This restriction (a) applies and to the produce of record, at leash only .if coverage is subject to one of the (1) 16 days before the effective date of following, which exclude loss or damage cancellation if we cancel for nonpayment caused by or resulting from corrosive soil of premium or discovery of fraud; or conditions: (2) 30 days before the effective date of (1) Commercial Property Coverage Part — cancellation if we cancel for any other Causes Of Loss —Special Fora,; or reason Iisted in Paragraph 3.a. (2) Farm Coverage Part — Causes Of Loss 5. if this policy is cancelled, we will send the first Form — Farm Property, Paragraph D. Named Insured any premium refund due. The Covered Causes Of Loss —Special., refund, it any, will be computed on a pro rata basis. However, the refund may be less than pro rate If we made a loan to you for the purpose of payment of .premiums for this policy. The cancellation will be effective ever, if we ° haven of made or offered a refund. Page 2 of 4 0 Insurance Services Office, Inc., 2010 IL 02 70 0811 ❑ C. The following is added and supersedes any (2) The ConiTdssioner of insurance finds provisions to the contrary: that the exposure to potential losses will Nonrenewal threaten our solvency or place us in a I. Subject to the provisions of Paragraphs C.2 idous cgnditio,n. a hazardous condition includes, but is not lirrdted to, and C.3. below, If we elect not to renew this a condition in which we make claims policy, we will mail or deliver written notice, payments for losses resulting from an stating the reason for nonrenewal, to the first earthquake that occurred within the Named insured shown in the Declarations, and preceding two years and that required a I o the producer of record, at least 60 days, but reduction in policyholder surplus of at not more than 120 days, before the.expiration least 25°!a for payment of those claims; or anniversary date. or We will mil or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, at the mailing address shown in the policy. (a) Lost or experienced a substantial reduction in the availability or scope 1 F3esicfetial Prouty of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial increase in property used 'predominantly for residential the premium charged for reinsurance purposes and consisting of not more than four coverage of our residential property dwelling units, and to coverage on tenants' insurance policies; and household property contained in a residential unit, if such coverage is written under one the Commissioner has approved a plan the following: for the nonrenewals that is fair and Commercial Property Coverage Part equitable, and that is responsive to the change; in our reinsurance position. Farm Coverage Part — Farm Property .— Farm Dwellings, Appurtenant Structures And � � will not refuse to renew such coverage Household Personal Property Coverage Form solely because the first Names Insured has !!e ma elect n o ,maser. sc.c, coverage cancelled or did not renew a policy, issued 4 y of - h c g by the California Earthquake Authority, that for any reason, except as provided in !a, c. included an earthquake policy premium and d. below. surcharge. b. We will not refuse to renew such coverage cL We will not refuse to renew such coverage solely because the first Named Insured has solely because corrosive soil conditions accepted an offer of earthquake coverage. exist on the premises. This restriction (d.) However, the following applies only to applies only If coverage is sul>aect to one of insurers who are associate participating the following,. which exclude loss or insurers as established by Cal. Ins. Code damage caused lac or resulting from Section 14089.16. We may elect not to corrosive soil conditions- renew such coverage after the first gamed (1) Commercial Property Coverage Part — Insured has accepted an offer - of Causes Of Loss—Special Form; or earthquake coverage, if one or more of the following reasons applies: (2) Farm Coverage Part — Causes Of Loss Form — Farm Propery, Paragraph D. The nonrenewal is based on sound Covered Causes Of Loss —Special. underwriting principles that relate to the coverages provided by this policy and 3. We are not required to send notice of that are consistent with the approved non renewal in the following situations: rating plan and related documents filed a If the transfer or renewal of a policy,without with the Department of Insurance as any changes in teams, conditions or rates, required by existing law; is between us and a member cf our insurance group. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 3 of 4 ❑ h if the policy has been extended for 90 days e. If the first Named Insured requests a or less, provided that notice has been given change in the terms or conditions or risks in accordance with Paragraph C.1. coverer by t.e policy within 50 days of the c. If you have obtained replacement coverage, end of the policy perm. or if the first Named insured has agreed, in f. If we have made a written offer to the first writing, within 80 days of the termination of Named Insured, in accordance with the the policy:to obtain, that coverage. tmeframes shown in Paragraph CA., to d. If the policy is for a period of no more than renew the policy under changed term or 60 days and you are notified at the time of conditions or at an increased premium rate, issuance that it will not be renewed. when the increase exceeds 25%. Page 4 of 4 C Insurance Services Office, Inc., 2010 EL E 2 70 0811 13 ATTACHMENT #2 RESOLUTION N0. 4421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO THE CITY OF WAITEMATA, NEW ZEALAND TO BE- COME A SISTER-CITY AND INVITING THE PEOPLE OF WAITEMATA, NEW ZEALAND, TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal. contact; and All succeeding U . S. Presidents have endorsed said program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United States of America and the people of other nations ; and To implement this program the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U .S. , Inc . to affiliate with cities in other nations of similar characteristics and mutual interest; and The City of Huntington Beach, through its City Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of the City of Huntington Beach and the City of Waitemata, New Zealand, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, AS FOLLOWS : SECTION 1. That this Council on behalf of the people of the City of Huntington Beach does hereby extend an invitation to the government and the people of the City of Waitemata, New Zealand, to participate with the City of Huntington Beach as its sister-city for the purpose of creating greater mutual understanding between the peoples of our two great cities and nations . er 1. HB -255- Item 18. - 21 I SECTION 2 . The Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this Resolution are to be sent to the mayor and council of the City of Waitemata, New Zealand, the Town Affiliation Association of the U.S. , Inc . , and the Embassy of the City of Waitemata, New Zealand. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22nd day of February, 1977. ATTEST: Alicia M. Wentworth Mayor City Clerk Deputy City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator City Attorney INITIATED AND APPROVED AS TO CONTENT: 2. Item 18. - 22 HB -256- Res. No. 4421 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as- CITY OF HUNT INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 22nd day of February 19 77 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Wieder_ NOES: Councilmen: None ABSENT: Councilmen: Shenkman Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By z6l�" Deputy City r1erk HB -257- Item 18. - 23 ATTACHMENT #3 RESOLUTION NO. 5128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO THE CITY OF ANJO, JAPAN TO BECOME A SISTER. CITY AND INVITING THE PEOPLE OF ANJO, JAPAN TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and. people between the citizens of the United States of America and. those of other nations ; and To implement this program, the City of Huntington Beach and. other communities in the United States have been requested by the Town Affiliation Association of the U. S. , Inc. to unite with cities in other nations of similar characteristics and mutual interests ; and The City of Huntington Beach, through its Council, does rec- ognize and endorse this program with the hope that it will Lead to a lasting friendship between the people of Huntington Beach and Anjo , Japan, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : SECTION 1 . That this Council on behalf of the people of Huntington Beach. does hereby extend an invitation to the government and the people of the City of Anjo, Japan to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great /ahb -)/26/82 1. Item 18. - 24 FIB -258- cities and nations . SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3 . That copies of this resolution be sent to the Mayor and Council of the City of Anjo, Japan, the Town Affiliation Association of the U. S . , Inc. , and the Embassy of Japan. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of June 1982. Mayor ATTEST : APPROVED AS TO FORM: City Clerk C y Att r INITIA-TED AND APPROVED: City Admi - ' trato 2. HB -259- Item 18. - 25 Res. No. 5128 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of June , 19 82 by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -ex-officio Clerk of the City Council of the City of Huntington Beach, California Item 18. - 26 HB -260- ATTACHMENT #4 ( Council/Agency Meeting Held: Deferred/Continued to: pr vet ❑ Co ti ionall roved ❑ Denied � i ler ' Signa`t re Council Meeting Date: October 3, 2011 Department D Number: ED 11-043 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager SUBJECT: Adopt Resolution No. 2011-70 extending an invitation to Manly Council, New South Wales, Australia, to establish a Sister City Relationship Statement of Issue: The City of Huntington Beach and Manly Council, New South Wales in Australia have expressed mutual interest in establishing a formal affiliation based on common interests and recent communication. The City proposes to extend an official invitation to Manly Council, New South Wales to establish a Sister City Relationship. Financial Impact: No fiscal impact. Recommended Action: Motion to: Adopt Resolution No. 2011-70, "A Resolution of the City Council of the City of Huntington Beach Extending An Invitation to Manly Council, New South Wales, Australia To Become A Sister City and Inviting the People of Manly Council, New South Wales, Australia To Participate in Said Program." Alternative Action(s): Do not approve Resolution and direct staff as appropriate. Item 3. - I HB -261- Item 18. - 27 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/3/2011 DEPARTMENT ID NUMBER: ED 11-43 Analysis: On August 5, in Huntington Beach, the Manly Council Mayor Jean Hay announced at a Press Conference that they will host the equivalent of the US Open of Surfing in Australia in February 2012. In addition to hosting an equivalent, large-scale surf event, there are several common factors that make this proposed affiliation a natural partnership including, but not limited to, tourism of a popular coastal destination with millions of visitors annually and economic development activities. Manly is also known as the Surf City of Australia. The local area government of Manly is minutes away from Sydney, Australia, and is a vibrant coastal destination community that welcomes millions of visitors year around. Should an affiliation with Manly be established, the relationship would commence as a platform in which both cities can exchange ideas, sharing best practices for practical solutions on similar issues, and discuss priorities from a global perspective. The affiliation will begin a foundation of dialogue, but may expand in the future as the economic climate changes. There may be the possibility of lifeguard exchanges, and/or municipal festivals in each with the purpose of strengthening our future relationship. There are no projected expenses or budget associated. Currently, the Huntington Beach Sister City Association (501(c)3) coordinates sister city activities with Anjo, Japan including, but not limited to, a high school student exchange and City Official delegation tours. The City does not provide funding to the Sister City Association. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance Economic Development Attachment(s): 1 Resolution No. 2011-70, "A Resolution of the City Council of the City of Huntington Beach Extending an Invitation to Manly Council, New South Wales, Australia to Become a Sister City Inviting the People of Manly Council, New South Wales, Australia to Participate in Said Program" 2. Letter from Mayor to Sister City Committee Item 18. - 28 11g -262- Item 3, - 2 ATTACHMENT # 1 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF MANLY COUNCIL,NEW SOUTH WALES, AUSTRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the"People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between.the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach,through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Manly Council, New South Wales, Australia. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation to the government and the people of Manly Council, New South Wales,Australia to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great cities and nations. SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this resolution be sent to the Mayor and Council of Manly Council, New South Wales, Australia,the Town Affiliation Association of the U.S, Inc. and the Embassy of Australia. SECTON 4. The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council. > I- ()I Q/69212 Item 18. - 30 Hg -264- Resolution No. 2011-70 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of nrtnher �, 2011. REVIE APPROVED: APPROVED AS TO FORM: City a er ity Attorne `bvL-Lkk\ 0 INITIATED AND APPROVED: Director of Eco c Development 11-3039/69212 HB -265- Item 18. - 31 Res. No. 2011-70 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 3, 2011 by the following vote: AYES: Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: Shaw ABSTAIN: None Cit Clerk and ex-officio Merk of the City Council of the City of Huntington Beach, California Item 18. - 32 HB -266- ATTAC H M E N T #2 4A City ®f Huntington Beach. P. O. BOX 190 • 2000 MAIN STREET CALIFORNIA 92648 Joe Carchio Mayor September 13, 2011 Mr. George Erber 17301 Wild Rose Lane Huntington Beach, CA 92649 Dear George: Thank you for your response to the proposal I made to the Sister City Board. I apologize if at the time of the proposal to accepting Manly, Australia, into our program, I did not make myself crystal clear. Unlike Anjo, Japan, which is more of a cultural, student, and government program, Manly, although under the same "Sister City" program banner, would involve our two communities developing a strong and lasting friendship due to the strong similarities with both having a strong surf culture and coastal economics. As far as monetary support from the Sister City Association, this would not be necessary. If any funds were needed, they would be raised through private donations, including any exchange in our lifeguard program. I would like to thank you and your board for all of your hard work in maintaining the wonderful Sister City Program in these difficult economic times. I sincerely believe Manly, Australia, would be a great asset as the relationship develops between our two cities. I will bring forward a future resolution in a different format so that this program can be manageable for everyone involved. Thank you in advance. S' cerel , Joe Ca chio Mayor xc: ity Council Fred Wilson, City Manager TELEPHONE (714) 536-5553 Waitakere, New Zeatand FAX(714) 536-5233 Anjo Japan Item 18. - 34 Hg -268- OA CITY OF HUNTINGTON BEACH TO: Honorable Mayor and City Council Members VIA: Fred Wilson, City Manager FROM: Bob Hall, Deputy City Manager DATE: October 3, 2011 SUBJECT: Change to Resolution No. 2011-70 regarding establishing a Sister City relationship with Manly, Australia The following language was added to Resolution 2011-70 regarding the establishment of a Sister City relationship with Manly, Australia. The attached resolution has been updated with the new language. The new addition is as follows.- "The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council." This was added as Section 4 in the Resolution. HB -269- Item 18. - 35 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL,NEW SOUTH WALES, AUSTRALIA TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF MANLY COUNCIL,NEW SOUTH WALES, AUSTRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Manly Council,New South Wales, Australia. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation to the government and the people of Manly Council, New South Wales, Australia to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great cities and nations. SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this resolution be sent to the Mayor and Council of Manly Council,New South Wales, Australia,the Town Affiliation Association of the U.S, Inc. and the Embassy of Australia. SECTON 4. The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council. 11-3039/69212 Item 18. - 36 HB -270- Resolution No. 2011-70 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the_ day of ,2011. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager c� J ity A=e �2��1 l�km INITIATED AND APPROVED: cl�: Director of Ecohemlic Development i 11-3039/69212 HB -271- Item 18. - 37 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF TH CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL, NEW SOUTH WALES, AUSTIVALIA TO BECOME A SISTER.CITY AND INVITING THE PEOPLE OF MANLY COUNCIL,NEW SOUTH WALES, AUS'TRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the"People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of/�direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the To:2Affillation Association of the U.S., Inc, to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, thrdu h its Council, does recognize and endorse this g g program with the hope that it will lead to) lasting friendship between the people of Huntington Beach and Manly Council,New South Wales, Australia. NOW, THEREFORE, the C.ty Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation tofihe government and the people of Manly Council,New South Wales, Australia to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great cities and nations. SECTION 2. 24a the Mayor is hereby authorized to act as official representative of the City of Huntington Bh to carry out this program. SECTION . That copies of this resolution be sent to the Mayor and Council of Manly Council, New So th. Wales, Australia, the Town Affiliation Association of the U.S, Inc. and the Embassy of Au tralia. '.J 11-3039/69212 Item 18. - 38 HB -272- ATTACHMENT #5 p.1 1534311 ��rvooRs � C3 I= ILED M a/Ra of M 111c om,Of Sk* of 16$00%01 capo"j, ARTICLES OF INCORPORATION +UN13la OF 11N Ft 0Lsoft o1 S SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, INC. I . The name of this corporation is SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, INC. II . A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under California nonprofit public benefit corporation law for public and charitable purposes . B. The specific purpose of this corporation is to promote goodwill and fellowship through cultural exchanges between the City of Huntington Beach and other cities outside the United States of America. III . The name and address of this corporation's initial agent for service of process is Mr. Sherwood Bailey, 5641 Marshall Drive, Huntington Beach, California 92649. --1- HB -273- Item 18. - 39 p.1 IV. The name of the unincorporated association which is being incorporated is Sister City Association of Huntington Beach. V. The unincorporated association whose name is set forth in Article IV of the Articles of Incorporation is being incorporated by the filing of these Articles. VI . A. This corporation is organized and operated exclusively for public and charitable purposes within the meaning of Section 501 (c) (3 ) of the Internal Revenue Code. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under section 501 (c) (3 ) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propoganda, or otherwise attempting _ to influence legislation, and the corporation shall not participate nor intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office . -2- Item 18. - 40 HB -274- p.1 v VIII . The property of this corporation is irrevocably dedicated to public and charitable purposes and no part of the net income of assets of this corporation shall ever incurr to the benefit of any director, officer or member• th ereof or to the benefit of any private person . Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provisions for payment, of all debts and liabilities of the corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under section 501 (c) (3) of the Internal Revenue Code. DATED: December 9, 1985 , d Bailey, n or or I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. Sherwood Bailey, Incorporat r 0885L -3- HB -275- Item 18. - 41 pal a eNNL e -California OFFICE OF THE SECRETARY OF STATE I, MARCH FONG E U, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the record on file in this office, of which it- purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, r execute this certificate and affix the Great Seal of the State of California this JUN 2 0 1966 a '.iy�`I,n , _ r, ik •:� - Secretary of SEe t SEC/STATE FORM Cg-107 �� BS 37540 Item 18. - 42 FIB -276- City of Huntington Beach . 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov Office of the City Clerk '� .Robin Estanislau, City Clerk November 9, 2017 Sister City Association of Huntington Beach Attn: President 2000 Main Street Huntington Beach, CA 92648 Dear Mr./Madam President: Enclosed is a copy of the fully executed "Memorandum of Understanding Between the City of Huntington Beach and the Sister City Association of Huntington Beach." Sincerely, A440L., Robin Estanislau, CIVIC City Clerk RE:ds i Enclosure I Sister Cities. Anjo, Japan e Waitakere, New Zealand