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HomeMy WebLinkAboutAbound Food Care - 2023-11-21 (2) To 2000 Main Street, of ?6, Huntington Beach,CA 92648 City of Huntington Beach APPROVED 7-0 AA z cqiUN File #: 23-968 MEETING DATE: 11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Debra Jubinsky, Sr. Management Analyst Subiect: Approve and authorize execution of a License Agreement by and between the City of Huntington Beach and Abound Food Care for use of real property for the placement of a solar powered cold food storage unit at the Public Works Corporation Yard, 17371 Gothard Street Statement of Issue: Abound Food Care, a registered 501(C)3 public benefit corporation, has proposed to provide a solar powered container to store prepared meals in Huntington Beach which would be distributed to affected local residents in the event of a declared emergency. The location proposed is the Corporation Yard, 17371 Gothard Street. This use of City property requires City Council approval of a License Agreement prior to proceeding. Financial Impact: There are no costs or revenue associated with this License Agreement. Recommended Action: Approve and authorize the Mayor to execute the License Agreement By and Between The City of Huntington Beach and Abound Food Care For Use of Real Property. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: Abound Food Care (Abound) is a registered non-profit, public benefit corporation whose mission is to collaborate with public, private, and non-profit sectors, guiding and supporting the implementation of regional food care programs that optimize the supply chain to end hunger and food waste. Earlier this year, Abound reached out to City staff with a proposal to provide a solar-powered food storage container on City property. Abound proposes to furnish, deliver, and maintain at no cost to the City, a self-contained, free-standing cold storage unit (container) that is powered by solar panels mounted City of Huntington Beach Page 1 of 2 Printed on 11/15/2023 powered by LegistarTM File #: 23-968 MEETING DATE: 11/21/2023 on its roof. Abound will use the container to store ready to heat-and-eat meals as part of an Emergency Nutritious Food Management Program. Abound, as the program provider, will rotate and replace meals in advance of product expiration, with the excess food provided to local organizations serving food insecure members of the community. Locating the container in Huntington Beach increases the probability that qualifying food insecure families and individuals in the local community will benefit from the Program and any food distributed. Additionally, having pre-made meals stored in a central location in Huntington Beach will enhance the • City's emergency preparedness in the event of a declared emergency. The Corporation Yard at 17371 Gothard Street is the City of Huntington Beach's facility where municipal service and maintenance programs are based. City staff and Abound identified the Corporation Yard as the location for the container in an area of the property adjacent to existing solar panels and similar City storage containers. The additional storage unit will be consistent with the current use of the Corporation Yard. The License Agreement provides for an initial term of 5 years. At the end of the initial 5-year term, the Agreement will automatically extend for 12 months unless otherwise cancelled by either party with 30 -days' notice. If the Agreement is cancelled, Abound is responsible to remove the container within 60 calendar days of cancellation. • Staff has worked with Abound on other projects relating to edible food donations with positive results. Based on the above information and prior positive experience, staff recommends that City Council approve the License Agreement. Environmental Status: This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, 15303, and 15304 (Class 1, 3, and 4). Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. This project supports Goal 8 - Public Safety, Strategy B by providing a stock of pre-made meals centrally located in Huntington Beach. These meals should be able to be quickly deployed to community members in need in the event of a declared emergency. Attachment(s): 1. License Agreement By and Between The City of Huntington Beach and Abound Food Care For Use of Real Property 2. PowerPoint presentation City of Huntington Beach Page 2 of 2 Printed on 11/15/2023 powered by LegistarTM LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND ABOUND FOOD CARE FOR USE OF REAL PROPERTY This LICENSE AGREEMENT ("Agreement") is hereby entered into on the a/` day of NpY ry42, 2023 ("Effective Date")by and between the City of Huntington Beach, a California municipal corporation, ("Host") and Abound Food Care, a California non-profit public benefit corporation("Provider"). The Host and Provider may be referred to herein individually as "Party," or collectively as "Parties." RECITALS WHEREAS, Host is the owner of that certain real property located at 17371 Gothard Street, Huntington Beach, CA 92647 ("Host Property") on which Host operates a municipal services yard; and WHEREAS, Provider wishes to place and operate one solar powered cold storage unit, with dimensions of approximately 35' x 10' x 10' with solar panel extensions (for access,total footprint of 45' x 10'),to store ready-to-heat-and-eat meals ("Storage Container") as part of the Emergency Nutritious Food Management Program("Program") on the Host Property, for the purpose of providing meals to community member s in times of disaster. Provider desires to place the Storage Container on that portion of the Host Property identified in Exhibit A, which is attached hereto and incorporated herein by this reference ("Licensed Property"); and WHEREAS, Provider's Program will involve the storage of ready-to-heat-and-eat- meals in cold storage units provided by Provider, which meals Provider will rotate and replace in advance of product expiration, with the excess food to be provided by Provider to local organizations serving community members faced with food insecurity; and WHEREAS, locating the Storage Container on the Licensed Property will increase the probability that otherwise qualifying food insecure families and individuals in the City of Huntington Beach will benefit from the Program and any food distributed pursuant to the policies and procedures of Provider; and WHEREAS, the Host is willing to grant Provider a non-exclusive license to access and place the Storage Container on the Licensed Property to operate the Program in accordance with the terms and conditions of this Agreement; and WHEREAS,the Host intends to provide Provider with non-exclusive use of the Licensed Property pursuant to the terms of this Agreement, and in no way intends to grant property rights to Provider relating to the Licensed Property; and WHEREAS, Provider desires to use Storage Container and Licensed Property for the purposes set forth herein, NOW, THEREFORE,the Parties hereto for the consideration hereinafter expressed, covenant, and agree as follows: 23-13265/318718 Section 1.Use of Facilities The Host grants Provider use of the Licensed Property for the limited purposes of placing the Storage Container and operating the Program. During the Term of this Agreement, as set forth in Section 6 below,the Provider shall have the right to use the Licensed Property during Host's normal hours of operation,which may be extended upon mutual agreement in the event of an emergency that requires meal distribution. Section 2. Location of Storage Container and Licensed Property Provider's Storage Container shall be located in the Licensed Property, as reflected in Exhibit A,though the Host and Provider may agree, both initially and from time to time, on the relocation of the Storage Container and identification of a new Licensed Property area,which shall be evidenced through a written letter agreement executed by both the Host's Representative and Provider's CEO, or their respective designees. Such letter agreement shall serve as a substitution of Exhibit A to this Agreement. Section 3. Facilities Access The Host shall, in consultation with Provider, identify and document a reasonable route of access for Provider to access Storage Container,which may be changed from time-to-time upon reasonable notice. Section 4. Consideration In exchange for Provider providing its Program in the City of Huntington Beach and providing access to surplus meals to qualifying local community organizations, the Host agrees to waive any facility use charges that might otherwise be charged by the Host. Provider shall, at its own expense, provide for any and all maintenance and upkeep of the Storage Container at all times. Section 5.Utilities As part of this Agreement, the Host will reasonably cooperate with Provider relative to the provision of access to water connections and shared use of existing waste management services. To the extent Program necessitates a nominal use of such utilities,the same shall be provided by the Host at no additional cost;but to the extent such use extends beyond a nominal use, at the sole discretion and determination of the Host,the Parties shall cooperate to identify the most effective method to share the proportionate costs of such services used by each Party. Provider shall be responsible for its own utility costs for anything deemed in excess of a nominal value by the Host. Section 6. Term and Termination The term of this Agreement shall be five(5) years from the Effective Date ("Term") except in the event of a material breach,whereby either Party may terminate this Agreement 2 23-13265/318718 following 10 days written notice and failure to cure by the breaching party.At the conclusion of the initial five (5) year term,this Agreement shall automatically extend for additional 12 month terms unless cancelled by either Party with 30 days'notice prior to renewal date.Upon termination of the Agreement,Provider will remove the cold storage unit within sixty(60) calendar days. Section 7.Independent Contractor At all times relevant, and pursuant to the terms and conditions of this Agreement, Provider is and shall be construed to be an independent contractor and not an agent, servant, or employee of Host.No joint venture or shared enterprise is created by this Agreement. Provider agrees to comply with all applicable statutes and ordinances. Among other things, Provider shall be solely responsible for proper storage of and food safety related to frozen meals. Section 8.Indemnification,Defense,Hold Harmless Provider hereby agrees to protect, defend, indemnify and hold and save harmless Host, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to Provider's employees and damage to Provider's property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of Host, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of Host. Provider will conduct all defense at its sole cost and expense, and Host shall have the right to approve Provider's selection of defense counsel. Section 9. Worker's Compensation Insurance Pursuant to the California Labor Code Section 1861, Provider acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers'compensation; Provider covenants that it will comply with all such laws and provisions prior to the use of the Licensed Property pursuant to this license. Provider shall maintain such Workers'Compensation Insurance in an amount of not less than One Hundred Thousand Dollars($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars($100,000)bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars($250,000)bodily injury by disease, policy limit, at all times incident hereto, informs and underwritten by insurance companies satisfactory to Host. Section 10. General Liability Insurance Provider shall carry at all times incident hereto, on all activities to be performed in the Licensed Property as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage.All insurance shall be underwritten by insurance companies in forms satisfactory to Host. Said insurance shall name the Host, its officers, agents and employees and all public agencies as determined by the Host as Additional Insureds. 3 23-13265/318718 Provider shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage Provider shall immediately notify Host of any known depletion of limits. Provider shall require its insurer to waive its subrogation rights against Host and agrees to provide certificates evidencing the same. Section 11. Certificates of Insurance; Additional Insured Endorsement Prior to the use of the Licensed Property pursuant to this license, Provider shall furnish to Host certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to Host. Provider shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of Host by Provider under this Agreement. Host or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Provider shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of Provider's insurance policies, naming the Host, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Licensed Property pursuant to this License. Section 12. Release Provider hereby releases and forever discharges Host of and from any and all claims, demands, actions, or causes of action whatsoever which Provider may have, or may hereafter have, against the Host specifically arising out of the matter of Provider's use of the Licensed Property. This is a complete and final release and shall be binding upon Provider and its heirs, executors, administrators, successors and assigns. Provider hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary.Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of Host. Section 13. Waste Provider shall not alter, damage or commit any kind of waste upon the Licensed Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of Host. Provider shall make no change in the use of the Licensed Property nor shall the design of the Licensed Property be changed other than as authorized herein without prior written consent of Host. Provider shall not cause any workmen's or materialmen's liens to be placed upon the Licensed Property and agrees to indemnify and 4 23-13265/318718 hold Host harmless against any such liens including but not limited to the payment of attorneys' fees. Section 14. Ingress and Egress Host reserves the right to enter upon the License Area at any time during the term of this Agreement. Host may remove Provider from the use of the License Area at any time and without notice to Provider if the reason for such removal by Host is necessitated by any maintenance needs or emergency pertaining to the public health, safety or welfare of any person, which determination will be made in Host's sole and absolute discretion. Section 15. Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all oral or written representations of written agreements which may have been entered into between the Parties.No modification or revision shall be of any force or effort, unless the same is in writing and executed by the Parties. Section 16. Severability If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions, and to this extent,the provisions of this Agreement are deemed severable. The parties agree, if reasonably practicable,to mutually draft provision(s) which are equivalent from a substantive point of view to replace any provision which is determined to be invalid. Section 17. Assignment Neither the Host nor Provider may assign or transfer this Agreement or any part thereof, without the written consent of the other party. Section 18. Governing Law; Attorney's Fees This Agreement shall be governed by the laws of the State of California, with venue to be Orange County, California. In the event suit is brought by either party to enforce the terms and provisions of this agreement 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. Section 19. Notices Any notice, request, information or other document to be given hereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally or electronically, or five (5) days after mailing by United States mail as follows: 5 23-13265/318718 If to Provider: If to Host: Mike Learakos, CEO Abound Food Care CITY OF HUNTINGTON BEACH: 200 North Tustin Ste 110 Debra Jubinsky Santa Ana, CA 92705 City of Huntington Beach Public Works Email: mike@aboundfoodcare.org 17371 Gothard Street Huntington Beach, CA 92647 Email: djubinsky@surfcity-hb.org Either party may, by notice to the other party, change the address specified above. Section 20. Authority Provider hereby represents that the persons executing this Agreement on its behalf have full authority to do so, and to bind Provider to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF,the Parties hereto have entered into this Agreement as of the Effective Date written above. Provider: Host: ABOUND FOOD CARE CITY OF HUNTINGTON BEACH A California non-profit public benefit A California municipal corporation corporation �+ By: 9/Z 3 14.1 It . CEO Mayor By: ATTEST: 'a�� �'� Its: 7�Q Q/.4gie,w City Clerk /* APPROVE 0 � � • C.64 City Attorney REV D D P OV D: City anager INITIATED AND A PROVED: Director of Public Works 6 23-13265/318718 !V, ri+ .t ,Gci ..;_i/ SI .L Ail :asa�T+atiMr»!:� F. 4 ,o,p. Piikty-li.. i „ .,4 < w 14. -_, „_ - , ,,, 11/ • . 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' PAYLOAD • 2 68'..84 2R(1 0 IKBGS . , ; 58.3B0 IBS L 42.7 EIJI .,, ', L CO.CAP. 1.509 CUE i a, ... .., ...,. . .. ,.......,- 4. .,, , k-- -, . , 1 • - ' - 4. _. Vir..' .:.', -: '.,, '•,, NI o , . 44 4.-1 -14 • .-. • 24.. 11 .- ' ---- '- . , ' e.' , . fr.. ,.- ,t ° ..,. ' i•""m , vie - ; • • . , - -- s A • i ' 4 I ., — ,.. . __ ____... ,1 - —----------- ------ - 4 •,___ .__ _ ._ , 1 _ .._.__ ______ .....•__._. . i '''' • __ „........ --- ! . - . . ......- - . ., . ..... . - •.......,„.,w ------ .. _.. . • /d- AED® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDJYYYY) 1010512023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTNAME: Jonathan Ekno Ekno Insurance Services Group Inc. PHONE -(A& No.Exit:888-669-7220 FAX(MG,Net:714-494-8039 711 E.Imperial Hwy,Suite 201, E-MAIL ADDRESS: jonathan@eknoinsurance.com G� Brea,CA 92821 INSURER(S)AFFORDING COVERAGE NAIC Lic.#0E95467 INSURER A: United States Liability Ins Co 25895 INSURED INSURERS: Progressive Commercial 12879 Abound Food Care INSURER C: Employers Preferred Insurance Co 10346 200 N Tustin Ave, Suite 110 INsuRERD:ACE Fire Underwriters Insurance Company 20702 Santa Ana,CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUER POLICY EFF POLICY EXPM/ LIMITS LTR INSR WVD POLICY NUMBER (MDD(YYYYI (MM/DDIYYYYI GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ff X COMMERCIAL GENERAL LIABILITY PREM ESEaENTED occurrence' S 100,000 A CLAIMS-MADE X OCCUR Y Y NPP1609580A 04/01/2023 04/01/2024 MED EXP(Any one person) 55,000 _PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG Stnlcuded Xl POLICY n PEC0. P1 LOC S AUTOMOBILE LIABILITY COMBINED accident)SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) S B X AUTOS ALL OW NED �( SCHEDULED Y 04382119-2 10/01/2023 04/01/2024 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE S 2,000,000 A EXCESSLIAB CLAIMS-MADE CUP1572371 04/01/2023 04/01/2024 AGGREGATE s2,000,000 DED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y IN TORY LIMITS ER C ANY ANYIPROP EIETOR EXCTNER E ECUTIVE N/A EIG 4949268 01 04/01/2023 04/01/2024 E.L.EACH ACCIDENT S1000,000 MBE(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yyas descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 $1,000,000 aggregate for all Loss D D&O Policy NFPCAF164934662 104/01/2023 04/01/2024 $2,000,000 maximum aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule),If more space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents a)¢pif crtegrs, sjf ,Additional Insureds per the attached endorsements. HAEL E. TES CITY AT RNEY CERTIFICATE HOLDER CANCELLATION CI(Y Uh HUNI'1 GTON BEACH SHOBE City of Huntington Beach THEULD EXPIRATIIONANY OFH E DATE AVTH THEREOF,DESCRIBEELLED NOTIICE D I WILL ES CBE CDELIVEREDRE IN 2000 Main St., ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE III ) /LLLV(adf, C/'G 4,9 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NPP1609580A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This'endorsement modifies insurance provided under the.following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington'Beach, its'officers, elected or appointed officials, employees,agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) Is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured,by or for you. CG 20 10 11 :85 Copyright, Insurance Services Office, Inc„ 19.84 Page 1 of 1 ❑ POLICY NUMBER: NIPPM9580A COMMERCIAL GENERAL;LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE'READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the-following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/CONIPLETED OPERATIONS LIABILITY•COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and, would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insuranba is primary to and will not seek contribution from any other insurance available to an additional insured under your policy providedthat: (1) The additional insured is'a:Named:Insured Under SuC ther intutOpc6;and CG 20 01 04 13' ©Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER:NPP1609580A COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: 04382119-2 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance—Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such"insured"is a Named Insured under such an"insured"under your policy provided that: other insurance;and 1. Such"insured"is a Named Insured under such 2. You have agreed in writing In a contract or other insurance;and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 4911 16 ©Insurance Services Office, Inc.,2016 Page 1 of 1 POLICY NUMBER:04382119-2 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Named Insured:Abound Food Care Endorsement Effective Date: SCHEDULE Name(s)Of Person(s)Or Organization(s): City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organiza • - tions) shown in the Sche dule, but only to the extent that subrogation is waived prior to the"a ccident" or the"loss" under a contract with that person or organization. CA 04 44 03 10 ©Insurance Services Office, Inc.,2009 Page 1 of 1 0 POLICY NUMBER: 04382119-2 COMMERCIAL AUTO CA990312 0514 THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective: Countersigned By: Named Insured: Abound Food Care SCHEDULE Endorsement Premium A. Section II—Who Is An Insured is amended to include as an "insured" any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that"insured". A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured"are complete. CA990312 0514 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Abound Food Care EIG 4949268 01 Premium Insurance Company Countersigned by Employers Preferred insurance Co WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. NTINGT • p • �-EaI City of . _ :untington Beach 2000 Main Street ♦ Huntington Beach, CA 26 8 om -; - 99 4 . _ ti (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk C0U111 TY c,,'� Robin Estanislau, City Clerk November 29, 2023 Mike Learakos CEO Abound Food Care 200 North Tustin, Suite 110 Santa Ana, CA 92705 To Whom It May Concern: Enclosed is a fully executed copy of the License Agreement between the City of Huntington Beach and Abound Food Care for Use of Real Property, approved by City Council on November 21, 2023. Sincerely, ( $04141., et)i41741444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan or, if N ....... .. ....... ,\,%-ici..,,,„„,,,,,..7 .....4., \\\ .......• 04/ Ilk*'.' g P D RA •T•••• Ilk • • • ‘ ;�, r; f,,,;, �, : Item m 23 _968 do 7' .--- - --- -' ---- • % =. -� - - _ Approve License Agreement With . _ -._% Abound Food Care •• .�_ . if • $ November 21 2023 ,e. .... 17, 19091 \\,;••• <,IC ••••s• \ 0 £OUNTN � �j BAC KG RO U N • Abound Food Care, a registered 501 (C)3 and a public benefit corporation , has proposed to locate a self- contained , solar-powered cold storage container on City property at the Corporation Yard , 17371 Gothard . • The container will be used to store pre-made meals as part of an Emergency Nutritious Food Management Program. ` ~.f GONPORgrF: � 0 i \ka;...°74-8-7 <c.. 0 6,:ofeiTii.5.&\>0 �..®..sue NEED/WHY/ BENEFITS • Abound Food Care will furnish, deliver, and maintain the container and manage the contents at no cost to City. • Locating the trailer in Huntington Beach increases the probability that food insecure families and individuals in the local community will benefit from the Program and any food distributed . • Pre-made meals stored in a central location in s``6NTINGT Huntington Beach will enhance the City's emergency+} ::•- - rJFz .% - ,, preparedness. � " = :51 ep : q ,� OS AUNTY C;;#/ REcommENDATI • Staff recommends that City Council approve the License Agreement between City and Abound Food Care and authorize the Mayor to execute the Agreement. � ✓oTINGT <, 'If c ..•�OPORAT�•. 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