HomeMy WebLinkAboutState of California Department of Fish and Wildlife - 2017-11-06 Dept. ID FD17 011 Page 1 of 2
Meeting Date: 11/6/2017
O'!'PRVEL -7-o
CITY OF HUNTINGTON BEACH
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: David A. Segura, Fire Chief
SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU)
with the State of California Department of Fish and Wildlife for use of the City
Lifeguard Boat Dock in Huntington Harbour behind Fire Station 7-Warner
Statement of Issue:
Representatives from the State of California Department of Fish and Wildlife requested use of the
City lifeguard boat dock for mooring one enforcement boat during lobster season to assist in their
efforts to enforce applicable laws. In response, City staff prepared the attached memorandum of
understanding, which would provide this access. Approval of the agreement would have no
adverse impact on Marine Safety Division operations.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding
Between the City of Huntington Beach and the State of California Department of Fish and Wildlife
for Use of the City Lifeguard Boat Dock."
Alternative Action(s):
Do not approve the memorandum of understanding and instruct staff on how to proceed.
Analysis:
The City's Marine Safety Division has enjoyed a long, cooperative relationship with the State
Department of Fish and Wildlife. This has included forwarding observations of violations of State
fish and wildlife regulations and public complaints, to which they have responded in an expeditious
manner. They have also been a tremendous resource for City staff in providing an understanding
of these rules and regulations.
Recently State representatives requested permission to use the lifeguard boat dock in Huntington
Harbor behind Fire Station 7-Warner for enforcement purposes. Specifically, they wish to moor
their enforcement boat in one of the slips at this location. It will be used to enforce fish and wildlife
regulations. Mooring in this location will provide better access and save time in serving the public
during lobster season, which runs from October 1, 2017, to March 21, 2018. Approval of the
attached memorandum will not incur any City costs.
Environmental Status:
None.
Item 17. - 1 HB -224-
Dept. ID FD17 011 Page 2 of 2
Meeting Date: 11/6/2017
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. "Memorandum of Understanding Between the City of Huntington Beach and the State of
California Department of Fish and Wildlife for Use of the City Lifeguard Boat Dock"
HB -225- Item 17. - 2
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
FOR USE OF THE CITY LIFEGUARD BOAT DOCK
THIS MEMORANDUM OF UNDERSTANDING("MOU")is made and entered
into on Novembpr b ,2017, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California(hereinafter referred to as
"CITY"), and the State of California Department of Fish and Wildlife(hereinafter
referred to as "STATE") for the use of the CITY Lifeguard Boat Dock.
WHEREAS, CITY has a Lifeguard Boat Dock in Huntington Harbour; and
STATE desires to find a location to dock its enforcement boat for a limited time
during the lobster season; and
STATE desires to use and CITY desires to allow STATE to dock its enforcement
boat at the CITY Lifeguard Boat Dock,
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 be for the period of September 30,2017 to March 21,2018.
SECTION 2. OBLIGATIONS OF CITY
The obligations of CITY pursuant to this MOU shall be as follows:
I. CITY shall make available a portion of its Lifeguard Boat Dock in
Huntington Harbour to STATE to dock its single enforcement boat, free and clear of any I
obstructions or impediments.
SECTION 3. OBLIGATIONS OF STATE:
The obligations of STATE pursuant to this MOU shall be as follows:
1. STATE shall use only that portion of the CITY Lifeguard Boat Dock as
agreed upon by the parties to dock its single enforcement boat.
2. STATE shall keep and maintain in good condition and repair that portion
of the CITY Lifeguard Boat Dock it uses to dock its single enforcement boat.
17-6036/166017/RLS 9/19/17/DO 1
3. STATE shall be responsible for any damage arising from its use of the
portion of the CITY Lifeguard Boat Dock where it docks its single enforcement boat.
4. STATE shall be solely responsible for the safety and security of its single
enforcement boat at all times while it is docked at the CITY Lifeguard Boat Dock.
SECTION 4. INDEMNIFICATION, DEFENSE HOLD HARMLESS
STATE 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 STATE employees and damage
to STATE property, arising directly or indirectly out of the obligations or operations
herein undertaken by STATE, caused in whole or in part by any negligent act or omission
of STATE, 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 CITY, its officers, elected or appointed officials,
employees, agents and volunteers. STATE will conduct all defense at its sole cost and
expense and CITY shall approve selection of STATE'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 STATE.
SECTION 5. WORKERS' COMPENSATION AND EMPLOYER'S
LIABILITY INSURANCE
Pursuant to Labor Code Section 1861, STATE acknowledges awareness of
Section 3700 et seq. of this Code,which requires every employer to be insured against
liability for workers' compensation; STATE covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
STATE shall obtain and furnish to CITY statutory limits and employer's liability
insurance for bodily injury or disease with a limit of no less than One Million Dollars
($1,000,000)per accident.
STATE shall require all subcontractors to provide such workers' compensation
and employer's liability insurance for all of the subcontractors' employees. If the
organization/entity has no compensated employees working on the project, it may
complete and return a"non-employer status"form to be used in lieu of a workers'
compensation insurance certificate.
17-6036/166017/RLS 9/19/17/DO 2
SECTION 6. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
STATE's covenant to defend, hold harmless and indemnify CITY, STATE shall obtain
and furnish to CITY, a policy of general public liability insurance, including motor
vehicle coverage. This policy shall indemnify STATE,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 STATE'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 STATE 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 Five Thousand Dollars ($5,000.00) is
permitted. '
STATE shall be responsible for causing all Subcontractors to maintain the same
types and Limits of insurance coverage as that required of STATE by this Agreement.
SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, STATE 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.
STATE shall maintain the foregoing insurance coverage in force until the work
under this Agreement is fully completed and accepted by CITY.
17-6036/166017/RLS 9/19/17/DO 3
STATE's requirement for carrying the foregoing insurance coverages shall not
derogate from STATE'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 of the policies of insurance. STATE shall pay,in a
prompt and timely manner, the premiums on all "insurance hereinabove required.
STATE shalt provide a separate copy of the additional insured endorsement to
each of STATE'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.
STATE shall require all subcontractors to name STATE,its officers, 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. STATE shall verify that every subcontractor policy endorsement complies
with the requirements set forth herein.
SECTION 8. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right
of 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 9. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this MOU shall inure to the benefit of
and be binding upon the parties and their successors and assigns. The provisions of this
Section shall not be deemed a waiver of any of the conditions against assignment
hereinbefore set forth.
SECTION 10. CONFLICT OF INTEREST
STATE 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.
17-6036/166017/RLS 9/19/17/DO 4
SECTION 11. 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 12. WAIVER OF BREACH
The waiver by CITY of any breach by STATE 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 STATE,
either of the same or another provision of this MOU.
SECTION 13. FORCE MAJEURE—UNAVOIDABLE DELAYS
Should the performance of any act required by this MOU to be performed by
either CITY or STATE 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 14. 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 STATE
Fire DepartmentQ T CAJ
City of Huntington Beach
ATTN: Mike Baumgartner A--�N A)
2000 Main Street L'6epsoNj 'Sol
Huntington Beach, CA 92648-2702 L-O p L-I H l t US j LA 9 4 7 a-0
Phone: (714) 536-5489 v�o"e ; C7�Oa—
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.
17-6036/166017/RLS 9/19/17/DO 5
SECTION 15. 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 16. 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 17. 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 18, 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 19. SURVIVAL OF INDEMNITIES
Termination of this MOU shall not affect the right of CITY to enforced any and
all indemnities given or made by STATE under this MOU,nor shall it affect any
provision of this MOU that expressly states that the provision shall survive termination
thereof.
17-6036/166017/RLS 9/19/17/DO 6
SECTION 20. 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
STATE, its successors and assigns, of any default or breach by CITY under this MOU or
for any amount which may become due to STATE,its successors and assigns,under this
MOU or for any obligation of CITY under this MOU.
SECTION 21. TERMINATION
This MOU may be terminated by either party with or without cause upon sixty
(60) days' notice in writing.
SECTION 22. 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 STATE, or their successors in interest.
SECTION 23. 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 24. 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
1 7-603 6/1 660 1 7/RLS 9/19/17/DO 7
SECTION 27. 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.
STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
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By: CGS�'
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AND City -clerk
By: Rebecca Hartman�� OSY`(
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Patrol Capainame INIT 'TED AND APPROVED:
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ire Chief
REVIETED APPROVED:
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APPROVED ASTO FORM:
Ci Attorney
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17-6036/166017/RLS 9/19/17/DO 8
OSSCAOFORNIA DEPARTMENT OF
GENERAL SERVICES Governor Edmund G. Brown J,
July 01, 2017
STATE OF CALIFORNIA
PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE
FISCAL YEAR JULY 1, 2017 /JUNE 30, 2018
To Whom It May Concern:
In accordance with Government Code section 11007.4, the State of California has elected to be
self-insured for liability exposures. Under this form of insurance, the State and its employees
acting in the course and scope of their employment are insured for tort liability arising out of
official State business. All claims against the State of California based on tort liability should be
presented as a government claim to the Government Claims Program, P.O. Box 989052 MS
414, West Sacramento, CA 95798-9052. (Gov. Code section 900, at. seq.) Internet link:
httD://www.dqs.ca.00v/orim/Programs/GovernmentClaims.aspx.
The State of California has also elected to be insured for its motor vehicle liability exposures
through the State Motor Vehicle Liability Self-Insurance Program (VELSIP). This program
provides liability coverage arising out of the operations of motor vehicles used by state
employees for official state business (California Vehicle Code Sections 17000 and 17001).
Motor vehicle liability claims against the State of California should be presented to the Office of
Risk and Insurance Management, P.O. Box 989052 MS-403, West Sacramento, CA 95798-
9052, (800) 900-3634, claims(c)dgs.ca.gov. If your motor vehicle liability claim is not resolved
within six months from the date of loss, California law requires you to file a formal claim with the
Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052.
(Gov. Code section 900, et. seq.) Internet link:
http://www.dqs.ca.gov/orim/Programs/GovernmentClaims.asl)x.
The State of California has a Master Agreement with the State Compensation Insurance Fund
regarding workers' compensation benefits for all state employees, as required by the Labor
Code.
Sincerely,
ly' 1 APPROVED AS TO FORM
BY. 7ttt7
Christopher Carroll ICHAEL E.GA S
Associate Risk Analyst CITY ATTORNEY
Insurance Services Unit CITY OF HUNTINGTON BEACH
Phone: (916) 376-5279
Fax: (916) 376-5275
christopher.carroll@dgs.Ga.gov
Office of Risk and Insurance Management I State of California I Government Operations Agency
707 3rd Street, 1st Floor I West Sacramento, CA 956051 t 916.376.5300 f 916.376.5277 REV 07/27/16
' . City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachea.gov
17,1909,
Office of the City Clerk
Robin Estanislau, City Clerk
November 9, 2017
Ryan Cordero, Patrol Lt.
California Department of Fish & Wildlife
Law Enforcement Division
4665 Lampson Ave., Suite C
Los Alamitos, CA 90720
Dear Mr. Cordero:
Enclosed is the fully executed original "Memorandum of Understanding Between the City of
Huntington Beach and the State of California Department of Fish and Wildlife for Use of the
City Lifeguard Dock."
Sincerely,
4q4ou q44vAJ4&d
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
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